



























































Hook /^ o' < 4 * 


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THIRTY-FOURTH CONG 


Committee of Elections. 

Mr. Israel Washburn, jr., Me. 
Alexander H. Stephens, Ga. 
Cooper Iv. Watson, Ohio. 
Francis E. Spinner, N. Y. 
Mordecai Oliver, Mo. 

John Hickman, Penn. 
Schulyer Colfax, Ind. 
William R. Smith, Ala. 
John A. Bingham, Ohio. 

Committee of Ways and Means. 

Mr. Lewis D. Campbell, Ohio. 
William A. Howard, Mich 
Howell Cobb, Ga. 

George W. Jones, Tenju 
H. Winter Davis, jMd. 
Russell Sage, N. Y. 

John S. Phelps, Mo. 

James H. Campbell, Penn. 
Alexander De Witt, Mass. 

limit fee of Claims. 

^ ;hua R. Gicldings, Ohio. 

, Amii Letcher, Ya. 

James Bishop, N. J. 

J. Glancy Jones, Penn. 
George G. Dunn, Ind. 
Ebenezer Knowlton, Me. 
Miles Tavlor, La. 

William A. Gilbert, N. Y. 
Samuel S. Marshall, Ill. 

Committee on Commerce. 

Mr. Ellihu B. Washburne, Ill. 
Edward Wade, Ohio. 

John S. Millson, Ya. 

John McQueen, S. C. 


Committee on Revolutionary \ \ 
Claims. 

Mr. David Ritchie, Penn. j 

Ambrose S. Murray, N. Y. 
William Smith, Ya. 

William II. English, Ind. 
Thomas J. D. Fuller, Me. 
James C. Allen, Ill. 

Isaiah D. Clawson, N. J. 
Aaron H. Cragin, N. H. 

J. Reece Emrie, Ohio. 

Committee on Public Expenditures . 

Mr. Sidney Dean, Conn. 

John Covode, Penn. , j 
John Kelly, N. Y. 

Richard Mott, Ohio/ 

John J. Pearce, Pen.^ 

George Yaii, N. J. 

John M. Elliott, Ivy. 

Henry Waldron, Mich. 
Lawrence O B. Branch, N. C. 


Committee on Private Land Claims. 


Mr. Gilchrist Porter, Mo. 

Valentine B. Horton, Ohio. 
James Thorington, Iowa. 
Emerson Etheridge, Tenn. 
Thomas F. Bowie, Md. 
John M. Sandidge, La. 
Philemon T. Herbert, Cal. 
David F. Robison, Penn. 
Thomas R. Horton, Y. V. 

Committee on Manufacl 


Mr. Ezra Clarke, jr., Com 
Jonathan Knight, Perlp. 


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CONSTITUTION 


t 


THE UNITED STATES OF AMERICA, 

WITH 

THE AMENDMENTS THERETO: 


I 


TO WHICH ARE ADDED 


JEFFERSON’S MANUAL OF PARLIAMENTARY PRACTICE 


AND 

THE STANDING RULES AND ORDERS 

* 


FOR CONDUCTING BUSINESS IN 


THE HOUSE OF REPRESENTATIVES AND SENATE 


THE UNITED STATES. 


j > 

» » 


PRINTED FOR THE USE OF THE HOUSE OF REPRESENTATIVES. 


WASHINGTON: 

A. O. P. NICHOLSON, PUBLIC PRINTER. 
1854 . 







J K i f 

1*54 


Mrs. Jonathan Q. Hgalow 
rfcily zy i. 25 









* 










CONSTITUTION 


OF 


THE UNITED STATES OF AMERICA. 







* 














. 
















' ’' 

































































CONSTITUTION. 


We, the people of the United States, in order to Preamble, 
form a more perfect union, establish justice, in¬ 
sure domestic tranquillity, provide for the com¬ 
mon defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Con¬ 
stitution for the United States of America. 

ARTICLE I. 

SECTION I. 

All legislative powers herein granted shall be congress, 
vested in a Congress of the United States, which 
shall consist of a Senate and House of Represent¬ 
atives. 

SECTION II. 

The House of Representatives shall be com- Representatives, 

1 how chosen. 

posed of members chosen every second year by 
the people of the several States, and the electors 
in each State shall have the qualifications requisite 
for electors of the most numerous branch of the 
State legislature. 

No person shall be a Representative who shall Qualification of 

T -*• representatives. 

not have attained the age of twenty-five years, 
and have been seven years a citizen of the United 
States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be 
chosen. 



6 


CONSTITUTION. 


ARTICLE I. 


Apport ionment 
of representatives 
and direct taxes. 


Census every ten 
years. 


Vacancies, how 
filled. 


Representatives 
choose officers 
and bring im¬ 
peachments. 


Senate, how 
chosen. 


Representatives and direct taxes shall be ap¬ 
portioned among the several States which may 
be included within this Union, according to their 
respective numbers, which shall be determined 
by adding to the whole number of free persons, 
including those bound to service for a term of 
years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumera¬ 
tion shall be made within three years after the 
first meeting of the Congress of the United States, 
and within every subsequent term of ten years, 
in such manner as they shall by law direct. The 
number of Representatives shall not exceed one 
for every thirty thousand, but each State shall 
have at least one Representative; and until such 
enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Mas¬ 
sachusetts eight, Rhode Island and Providence Plan¬ 
tations one, Connecticut five, New York six, New 
Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, 
South Carolina five, and Georgia three. 

When vacancies happen in the representation 
from any State, the executive authority thereof 
shall issue writs of election to fill such vacancies. 

The House of Representatives shall choose 
their Speaker and other officers; and shall have 
the sole power of impeachment. 

SECTION III. 

The Senate of the United States shall be com¬ 
posed of two Senators from each State, chosen by 
the legislature thereof, for six years; and each 
Senator shall have one vote. 


article I. 


CONSTITUTION. 


7 


Immediately after they shall be assembled in Senators classed- 
consequence of the first election, they shall be 
divided as equally as may be into three classes. 

The seats of the Senators of the first class shall 

be vacated at the expiration of the second year; 

of the second class, at the expiration of the fourth 

year; and of the third class, at the expiration of 

the sixth year; so that one-third may be chosen 

every second year: and if vacancies happen by J,^ ncies ’ how 

resignation or otherwise during the recess of the 

legislature of any State, the executive thereof 

may make temporary appointments until the next 

meeting of the legislature, which shall then fill 

such vacancies. 

No person shall be a Senator who shall not 2nSrs ation ° f 
have attained to the age of thirty years, and been 
nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of 
that State for which he shall be chosen. 

The Vice President of the United States shall vice President to 

preside. 

be President of the Senate, but shall have no 
vote unless they be equally divided. 

The Senate shall choose their other officers, officers of senate, 
and also a President pro tempore in the absence of 
the Vice President, or when he shall exercise the 
office of President of the United States. 

The Senate shall have the sole power to try Trial of impeach- 

1 J ments. 

all impeachments. When sitting for that pur¬ 
pose, they shall be on oath or affirmation. When 
the President of the United States is tried, the 
Chief Justice shall preside: and no person shall 
be convicted without the concurrence of two- 
thirds of the members present. 


8 


CONSTITUTION. 


ARTICLE I. 


judgment in im- Judgment in cases of impeachment shall not 

peachments. ° A 

extend further than to removal from office and 
Effect of. disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States; 
but the party convicted shall nevertheless be 
liable and subject to indictment, trial, judgment, 
and punishment, according to law. 

SECTION iv. 

Elections, when The times, places, and manner of holding elec- 

and how held. . A 

tions for Senators and Representatives shall be 
prescribed in each State by the legislature there¬ 
of; but the Congress may at any time, by law, 
make or alter such regulations, except as to the 
places of choosing Senators. 

Congress assemble The Congress shall assemble at least once in 

annually. . 

every year, and such meeting shall be on the 
first Monday in December, unless they shall by 
law appoint a different day. 

SECTION V. 

Elections, how Each house shall be the iudge of the elections, 

judged. . . ? 

returns and qualifications of its own members, 
Quorum. and a majority of each shall constitute a quorum 
to do business; but a smaller number may ad¬ 
journ from day to day, and may be authorized to 
Absent members, compel the attendance of absent members, in 
such manner, and under such penalties, as each 
house may provide. 

Rules. Each house may determine the rules of its 

proceedings, punish its members for disorderly 
Expulsion. behaviour, and with the concurrence of two- 
thirds, expel a member. 


ARTICLE I. 


CONSTITUTION. 


9 


Each house shall keep a journal of its proceed-Journals to be kept 

1 . *■' . 1 and published. 

ings, and from time to time publish the same, 
excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the Yeas and nays, 
members of either house on any question shall, at 
the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of Congress, Adjournments, 
shall, without the consent of the other, adjourn 
for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

SECTION VI. 

The Senators and Representatives shall receive compensation, 
a compensation for their services, to be ascer¬ 
tained by law, and paid out of the Treasury of 
the United States. They shall in all cases, ex- Privileges, 
cept ^treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at 
the session of their respective houses, and in 
going to and returning from the same; and for 
any speech or debate in either house, they shall 
not be questioned in any other place. _ 

No Senator or Representative shall, during the Members not a P - 

r ° pointed to office. 

time for which he was elected, be appointed to 
any civil office under the authority of the United 
States which shall have been created, or the 
emoluments whereof shall have been increased, 
during such time; and no person holding any officers of govem- 

° x ment cannot be 

office under the United States, shall be a mem- members, 
her of either house during his continuance in 
office. 


10 


CONSTITUTION. 


ARTICLE I. 


Revenue hills. 


Bills to be pre¬ 
sented to the 
President. 


Ilis powers over 
them. 


« 


Proceedings on 
his veto. 


Bills to be laws if 
not returned in ten 
days. 


Joint orders or 
resolutions to be 
approved by the 
President. 


SECTION VII. 

All bills for raising revenue shall originate in 
the House of Representatives; but the Senate 
may propose or concur with amendments as on 
other bills. 

Every bill which shall have passed the House 
of Representatives and the Senate, shall, before 
it become a law, be presented to the President of 
the United States; if he approve he shall sign it; 
but if not, he shall returmit, with his objections, 
to that house in which it shall have originated, 
who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after 
such reconsideration two-thirds of that house shall 
agree to pass the bill, it shall be sent, together 
with the objections, to the other house, by which 
it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a 
law. But in all cases the votes of both houses 
shall be determined by yeas and nays, and the 
names of the persons voting for and against the 
bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by 
the President within ten days (Sundays excepted) 
after it shall have been presented to him, the 
same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjourn¬ 
ment prevent its return, in which case it shall 
not be a law. 

Every order, resolution, or vote, to which the 
concurrence of the Senate and House of Repre¬ 
sentatives maybe necessary, (except on a question 


ARTICLE I. 


CONSTITUTION. 


11 


of adjournment,) shall be presented to the Presi¬ 
dent of the United States; and before the same 
shall take effect, shall be approved by him, or, 
being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Repre¬ 
sentatives, according to the rules and limitations 
prescribed in the case of a bill. 

SECTION VIII. 

The Congress shall have power to lay and Powers of con- 

° x J gress to lay taxes— 

collect taxes, duties, imposts and excises, to pay paydebts - 
the debts and provide for the common defence 
and general welfare of the United States; but all General welfare, 
duties, imposts and excises, shall be uniform Duties uniform, 
throughout the United States; 

To borrow money on the credit of the United Borrow money. 
States; 

To jugulate commerce with foreign nations and commerce, 
among the several States, and with the Indian 
tribes; 

To establish a uniform rule of naturalization, Naturalization, 
and uniform laws on the subject of bankruptcies Bankruptcy, 
throughout the United States; 

To coin money, regulate the value thereof, and coin money, 
of foreign coin, and fix the standard of weights weights and 

0 0 measures. 

and measures; 

To provide for the punishment of counterfeiting counterfeiting, 
the securities and current coin of the United 
States; 

To establish post offices and post roads; P os * roads - 

To promote the progress of science and useful Promote arts and 
arts, by securing, for limited times, to authors and 
inventors the exclusive right to their respective 
writings and discoveries; 


12 


CONSTITUTION. 


ARTICLE I. 


Inferior courts. 


Piracies, &c. 


Declare war and 
make captures. 


Raise armies. 


Navy. 

Rules and articles 
of war. 


Call out militia. 


Organize and gov¬ 
ern militia. 


Officers of militia. 


Exclusive legisla¬ 
tion over seat of 
.government. 


And over forts, 
arsenals, docks, 
&c. 


To constitute tribunals inferior to the Supreme 
Court; 

To define and punish piracies and felonies 
committed on the high seas, and offences against 
the law of nations; 

To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on 
land and water; 

To raise and support armies; but no appropria¬ 
tion of money to that use shall be for a longer 
term than two years; 

To provide and maintain a navy; 

To make rules for the government and regula¬ 
tion of the land and naval forces; 

To provide for calling forth the militia to exe¬ 
cute the laws of the Union, suppress insurrec¬ 
tions, and repel invasions; 

To provide for organizing, arming and disci¬ 
plining the militia, and for governing such part 
of them as may be employed in the service of 
the United States, reserving to the States, respect¬ 
ively, the appointment of the officers, and the 
authority of training the militia according to the 
discipline prescribed by Congress; 

To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may by cession of particular 
States, and the acceptance of Congress, become 
the seat of the government of the United States, 
and to exercise like authority over all places pur¬ 
chased by the consent of the legislature of the 
State in which the same shall be, for the erection 
of forts, magazines, arsenals, dock-yards, and 
other needful buildings; and 


ARTICLE I. 


CONSTITUTION. 


13 


To make all laws which shall be necessary To make general 

J laws to carry pow- 

and proper for carrying into execution the fore- ers int0 effect - 
going powers, and all other powers vested by 
this Constitution in the Government of the United 
States, or in any department or officer thereof. 

SECTION IX. 

The migration or importation of such persons importation of 

x > 1 slaves allowed 

as any of the States now existing shall think tiH 1808 - 
proper to adrtiit, shall not be prohibited by the 
Congress prior to the year one thousand eight 
hundred and eight; but a tax or duty may be im¬ 
posed on such importation, not exceeding ten 
dollars for each person. 

The privilege of the writ of habeas corpus shall Habeas corpus, 
not be suspended, unless when in cases of rebel¬ 
lion or invasion the public safety may require it. 

No bill of attainder or ex cost facto law shall Attainder and ex 

x post facto laws. 

be passed. 

No capitation or other direct tax shall be laid Direct taxes, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported no exportation 
from any State. 

No preference shall be given by any regulation Commerce 

x ° between the 

ol commerce or revenue to the ports of one State States - 
over those of another; nor shall vessels bound to 
or from one State, be obliged to enter, clear, or 
pay duties in another. 

No money shall be drawn from the treasury, Money, how 

J t drawn from the 

but in consequence of appropriations made by treasury, 
law; and a regular statement and account of the 
receipts and expenditures of all public money To be published, 
shall be published from time to time. 


14 


No nobility. 


Foreign presents 
and titles. 


Powers denied to 
the States. 


Other powers de¬ 
nied to States. 


Further denial o 
powers to States. 


CONSTITUTION. article i. 

No title of nobility shall be granted by the 
United States: and no person holding any office 
of profit or trust under them, shall, without the 
consent of the Congress, accept of any present, 
emolument, office or title, of any kind whatever, 
from any king, prince, or foreign state. 

SECTION x. 

No State shall enter into any treaty, alliance, 
or confederation; grant letters of marque and 
reprisal; coin money; emit bills of credit; make 
an} 7 thing but gold and silver coin a tender in pay¬ 
ment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of con¬ 
tracts, or grant any title of nobility. 

No State shall, without the consent of the Con¬ 
gress, lay any imposts or duties on imports or 
exports, except what may be absolutely neces¬ 
sary for executing its inspection laws; and the 
net produce of all duties and imposts, laid by 
any State on imports or exports, shall be for the 
use of the Treasury of the United States; and all 
such laws shall be subject to the revision and 
control of the Congress. 

No State shall, without the consent of Con¬ 
gress, lay any duty of tonnage, keep troops or 
ships of war in time of peace, enter into any 
agreement or compact with another State, or with 
a foreign power, or engage in war, unless actu¬ 
ally invaded, or in such imminent danger as will 
not admit of delay. 


ARTICLE II. 


CONSTITUTION. 


15 


ARTICLE II. 

SECTION I. 

The Executive power shall be vested in 

r United States. 

President of the United States of America. He 
shall hold his office during the term of four years, 
and together with the Vice President, chosen for 
the same term, be elected as follows : 

Each State shall appoint, in such manner as Electors, how 

1 1 # appointed. 

the legislature thereof may direct, a number of 
electors, equal to the whole number of Senators 
and Representatives to which the State may be 
entitled in the Congress; but no Senator or Rep¬ 
resentative, or person holding an office of trust or 
profit under the United States, shall be appointed 
an elector. 

The electors shall meet in their respective Electors to meet 
States, and vote by ballot for two persons, of | ide 8 "5 e „ t nd Vioe 
whom one at least shall not be an inhabitant of 
the same State with themselves. And they shall 
make a list of all the persons voted for, and of 
the number of votes for each ; which list they 
shall sign and certify, and transmit sealed to the 
seat of the government of the United States, 
directed to the President of the Senate. The 
President of the Senate shall, in the presence of Their votes count- 

x ed in Congress. 

the Senate and House of Representatives, open 
all the certificates, and the votes shall then be 
counted. The person having the greatest number 
of voles shall be the President, if such number 
be a majority of the whole number of electors 
appointed; and if there be more than one who 
have such majority, and have an equal number 


16 


CONSTITUTION. 


ARTICLE II. 


Representatives to of votes, then the House of Representatives shall 

choose, if electors x 

tail - immediately choose, by ballot, one of them for 

President; and if no person have a majority, then 
from the five highest on the list the said House 
shall in like manner choose the President. But 

votes by states, in choosing the President, the votes shall be 
taken by States, the representation from each 
State having one vote; a quorum for this purpose 
shall consist of a member or members from two- 
thirds of the States, and a majority of all the 

vice President. States shall be necessary to a choice. In every 
case, after the choice of the President, the person 
having the greatest number of votes of the elec¬ 
tors shall be the Vice President. But if there 
should remain two or more who have equal votes, 
the Senate shall choose from them by ballot the 
Vice President. # 

Election and meet- The Congress may determine the time of 

ing of electors. 

choosing the electors, and the day on which they 
shall give their votes; which day shall be the 
same throughout the United States. 

Qualifications of No person except a natural-born citizen, or a 

President. .... 

citizen of the United States at the time of the 
adoption of this Constitution, shall be eligible to 
the office of President; neither shall any person 
be eligible to that office who shall not have at¬ 
tained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

Removal, death, In case of the removal of the President from 

&c., of President. 

office, or of his death, resignation, or inability to 
discharge the powers and duties of the said office, 

* This clause of the Constitution has been amended. See 
twelfth article of the amendments, page 31. 


ARTICLE II. 


CONSTITUTION. 


17 


the same shall devolve on the Vice President, 
and the Congress may by law provide lor the 
case of removal, death, resignation or inability, 
both of the President and Vice President, de¬ 
claring what officer shall then act as President, 
and such officer shall act accordingly, until the 
disability be removed, or a President shall be 
elected. 

The President shall, at stated times, receive Compensation of 

r i • • . President. 

tor his services a compensation which shall 
neither be increased nor diminished during the 
period for which he shall have been elected, and 
he shall not receive within that period any other 
emolument from the United States, or any of 
them. 

Before he enter on the execution of his office, 
he shall take the following oath or affirmation : 

“I do solemnly swear (or affirm) that I will oath, 
faithfully execute the office of President of the 
United States ; and will, to the best of my ability, 
preserve, protect, and defend the Constitution of 
the United States.’’ 

SECTION II. 

The President shall be commander-in-chief of Powers and duties 

of the President. 

the army and navy of the United States, and of 
the militia of the several States when called into 
the actual service of the United States; he may 
require the opinion, in writing, of the principal 
officer in each of the executive departments, upon 
any subject relating to the duties of their respect¬ 
ive offices; and he shall have power to grant 
reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

2 










IS 


CONSTITUTION. article ii. 


He shall have power, by and with the advice 
and consent of the Senate, to make treaties, pro¬ 
vided two-thirds of the Senators present concur ; 
and he shall nominate, and, by and with the ad- 

Appointment of vice and consent of the Senate, shall appoint am- 

public officers. 

bassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other offi¬ 
cers of the United States whose appointments are 
not herein otherwise provided for, and which 
shall be established by law; but the Congress 
may by law vest the appointment of such inferior 
officers as they think proper, in the President 
alone, in the courts of law, or in the heads of de¬ 
partments. 

Vacancies in The President shall have power to fill up all 

office- ^ 1 1 

vacancies that may happen during the recess of 
the Senate, by granting commissions which shall 
expire at the end of their next session. 


SECTION III. 


Further powers He shall from time to time give to the Congress 

and duties of the ° 

President. information of the state of the Union, and recom¬ 
mend to their consideration such measures as he 
shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both houses, or 
either of them, and in case of disagreement be¬ 
tween them with respect to the time of adjourn¬ 
ment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors 
and other public ministers; he shall take care 
that the laws be faithfully executed, and shall 
commission all the officers of the United States. 


ARTICLE III. 


CONSTITUTION. 


19 


SECTION IV. 

The President, Vice President, and all civil impeachment, 
officers of the United States, shall be removed 
from office on impeachment for and conviction of 
treason, bribery, or other high crimes and misde¬ 
meanors. 

ARTICLE III. 

SECTION I. 

The judicial power of the United States shall Judiciary ami ten- 

° x uie ofjudges. 

be vested in one Supreme Court, and in such in¬ 
ferior courts as the Congress may from time to 
time ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated 
times, receive for their services a compensation, 
which shall not be diminished during their con- 
tinuance in office. 


SECTION II. 

The judicial power shall extend to all cases, powers of the 
in law and equity, arising under this Constitu¬ 
tion, the laws of the United States, and treaties 
made, or which shall be made, under their au¬ 
thority ; to all cases affecting ambassadors, other 
public ministers and consuls; to all cases of 
admiralty and maritime jurisdiction; to contro¬ 
versies to which the United States shall be a 
party; to controversies between two or more 
States ; between a State and citizens of another 
State; between citizens of different States ; be- 


20 


CONSTITUTION. 


ARTICLE III. 


tween citizens of the same State claiming lands 
under grants of different States; and between a 
State, or the citizens thereof, and foreign States, 
citizens, or subjects. 

jurisdiction of the j n a p cases affecting ambassadors, other public 

Supreme Court. © 7 I 

ministers, and consuls, and those in which a State 
shall be a party, the Supreme Court shall have 
original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appel¬ 
late jurisdiction, both as to law and fact, with 
such exceptions and under such regulations as 
the Congress shall make. 

Trials by jury. The trial of all crimes, except in cases of im¬ 

peachment, shall be by jury; and such trial shall 

And where held. be held in the State where the said crimes shall 
have been committed; but when not committed 
within any State, the trial shall be at such place 
or places as the Congress may by law have di¬ 
rected. 


SECTION III. 

Treason. Treason against the United States shall consist 

only in levying war against them, or in adhering 
to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt 
act, or on confession in open court. 

* No corruption of The Congress shall have power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood or forfeiture, ex¬ 
cept during the life of the person attainted. 


ARTICLE IV. 


CONSTITUTION. 


21 


ARTICLE IY. 

SECTION I. 

Full faith and credit shall be given in each 
State to the public acts, records, and judicial 
proceedings of every other State. And the Con¬ 
gress may, by general laws, prescribe the man¬ 
ner in which such acts, records, and proceedings 
shall be proved, and the effect thereof. 

SECTION II. 

o- 

The citizens of each State shall be entitled to 
all privileges and immunities of citizens in the 
several States. 

A person charged in any State with treason, 
felony, or other crime, who shall flee from justice, 
and be found in another State, shall, on demand 
of the, Executive authority of the State from 
which he fled, be delivered up, to be removed to 
the State having jurisdiction of the crime. 

No person held to service or labor in one State, 
under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party 
to whom such service or labor may be due. 

SECTION III. 

New States may be admitted by the Congress 
into this Union; but no new State shall be formed 
or erected within the jurisdiction of any other 
State; nor any State be formed by the junction 
of two or more States, or parts of States, without 


Acts of States 
accredited. 


Privileges of citi • 
zenship. 


Fugitives from 
justice to he de¬ 
livered up. 


Fugitive slaves to 
be delivered up. 


New States. 


22 


CONSTITUTION. 


ARTICLE V. 


the consent of the legislatures of the States con¬ 
cerned, as well as of the Congress. 

Territory and The Congress shall have power to dispose of 

other property of ° 1 

united states. an R ma k e a ll needful rules and regulations re¬ 
specting the territory or other property belonging 
to the United States; and nothing in this Consti¬ 
tution shall be so construed as to prejudice any 
claims of the United States, or of any particular 
State. 

SECTION IV. 


Republican form The United States shall guaranty to every 

of government. 

State in this Union a republican form of govern- 

Protection of ment, and shall protect each of them against* in- 
vasion, and, on application of the legislature, or 01 
the Executive, (when the legislature cannot be 
convened,) against domestic violence. 

ARTICLE V. 

Amendments of The Congress, whenever two-thirds of both 

this Constitution. © 7 

houses shall deem it necessary, shall propose 
amendments to this Constitution, or, on the appli¬ 
cation of the legislatures of two-thirds of the 
several States, shall call a contention for propos¬ 
ing amendments, which, in either case, shall be 
valid to all intents and purposes, as part of this 
Constitution, when ratified by the legislatures of 
three-fourths of the several States, or by conven¬ 
tions in three-fourths thereof, as the one or the 
other mode of ratification may be proposed by the 
Congress; provided that no amendment which 
may be made prior to the year one thousand 
eight hundred and eight, shall in any manner 


ARTS. VI, VII. 


CONSTITUTION. 


23 


affect the first and fourth clauses in the ninth 
section of the first article; and that no State, 
without its consent, shall be deprived of its equal 
suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements, entered Debts of former 

00 . _ government re- 

into before the adoption of this Constitution, shall c °s nised - 
be as valid against the United States under this 
Constitution, as under the confederation. 

This Constitution, and the laws of the United wimt constitutes 

the supreme law. 

States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, 
under the authority of the United States, shall be 
the supreme law of the land; and the judges in 
every State shall be bound thereby, anything in 
the Constitution or laws of any State to the con¬ 
trary notwithstanding. 

The Senators and Representatives before men- oath of public 
tioned, and the members of the several State 
legislatures, and all executive and judicial offi¬ 
cers, both of the United States and of the several 

* 

States, shall be bound by oath or affirmation to 
support this Constitution; but no religious test No religious test, 
shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. • 

The ratification of the conventions of nine Ratification. 
States, shall be sufficient for the establishment of 
this Constitution between the States so ratifying 
the same. 


24 


CONSTITUTION. 


Done in Convention, by the unanimous consent of 
the States present, the seventeenth day of Sep¬ 
tember, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the 
Independence of the United States of America 
the twelfth. In witness whereof, we have 
hereunto subscribed our names. 

GEO: WASHINGTON, 


President , and 

NEW HAMPSHIRE. 

John Langdon, 

Nicholas Gilman. 

MASSACHUSETTS. 

Nathaniel Gorham, 

Rufus King. 

CONNECTICUT. 

William Samuel Johnson, 

Roger Sherman. 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 

William Livingston, 

David Brearley, 

William Paterson, 

Jonathan Dayton. 

PENNSYLVANIA. 

B. Franklin, 

Thomas Mifflin, 

Robert Morris, 

George Clymer, 

Thomas Fitzsimons, 

Jared Ingersoll, 

James Wilson, 

Gouv. Morris. 


Deputy from T irgima. 

DELAWARE. 

Geo. Read, 

Gunning Bedford, jun., 

John Dickinson, 

Richard Bassett, 

Jacob Broom. 

MARYLAND. 

James McHenry, 

Dan. of St. Thomas Jenifer, 
Daniel Carroll. 

VIRGINIA. 

John Blair, 

James Madison, jun. 

NORTH CAROLINA. 

William Blount, 

Rich’d Dobbs Spaiglit, 

Hu. Williamson. 

SOUTH CAROLINA. 

J. Rutledge, 

Charles Coatesworth Pinckney, 
Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 

Abr. Baldwin. 


Attest: 


WILLIAM JACKSON, Secretary . 


CONSTITUTION. 


25 


PROCEEDINGS 

OF THE 

CONVENTION WHICH FORMED THE CONSTITUTION. 


IN CONVENTION. 

Monday, September 17, 1787. 

Resolved , That the preceding Constitution be laid before 
the United States in Congress assembled; and that it is the 
opinion of this Convention that it should afterwards be sub¬ 
mitted to a convention of delegates, chosen in each State by 
the people thereof, under the recommendation of its legisla¬ 
ture, for their assent and ratification; and that each conven¬ 
tion assenting to and ratifying the same should give notice 
thereof to the United States in Congress assembled. 

Resolved, That it is the opinion of this Convention that, as 
soon as the conventions of nine States shall have ratified this 
Constitution, the United States in Congress assembled should 
fix a day on which electors should be appointed by the States 
which shall have ratified the same, and a day on which 
electors should assemble to vote for the President, and the 
time and place for commencing proceedings under this Con¬ 
stitution ; that after such publication, the electors should be 
appointed, and the Senators and Representatives elected; 
that the electors should meet on the day fixed for the election 
of the President, and should transmit their votes, certified, 
signed, sealed, and directed, as the Constitution requires, to 
the Secretary of the United States in Congress assembled; 
that the Senators and Representatives should convene at the 
time and place assigned; that the Senators should appoint 
a President of the Senate, for the sole purpose of receiving, 



26 


CONSTITUTION. 


opening, and counting the votes for President; and that, 
after he shall be chosen, the Congress, together with the 
President, should, without delay, proceed to execute this 
Constitution. 

By the unanimous order of the Convention: 

GEO: WASHINGTON, President. 
William Jackson, Secretary. 


LETTER OF THE CONVENTION TO THE OLD CONGRESS. 


IN CONVENTION. 

September 17, 1787. 

Sir: We have now the honor to submit to the considera¬ 
tion of the United States in Congress assembled, that Con¬ 
stitution which has appeared to us the most advisable. 

The friends of our country have long seen and desired that 
the power of making war, peace, and treaties; that of levy¬ 
ing money, and regulating commerce, and the correspondent 
executive and judicial authorities, should be fully and effec¬ 
tually vested in the General Government of the Union: but 
the impropriety of delegating such extensive trust to one 
body of men is evident; hence results the necessity of a 
different organization. 

It is obviously impracticable in the federal government of 
these States to secure all rights of independent sovereignty to 
each, and yet provide for the interest and safety of all. In¬ 
dividuals entering into society must give up a share of liberty 
to preserve the rest. The magnitude of the sacrifice must 
depend as well on situation and circumstance as on the object 




CONSTITUTION. 


07 


to be obtained. It is at all times difficult to draw with pre¬ 
cision the line between those rights which must be surren¬ 
dered and those which may be reserved; and, on the present 
occasion, this difficulty was increased by a difference among 
the several States as to their situation, extent, habits, and 
particular interests. 

In all our deliberations on this subject, we kept steadily in 
our view that which appears to us the greatest interest of 
every true American—the consolidation of our Union—in 
which is involved our prosperity, felicity, safety, perhaps 
our national existence. This important consideration, seri¬ 
ously and deeply impressed on our minds, led each State in 
the Convention to be less rigid on points of inferior magni¬ 
tude than might have been otherwise expected; and thus the 
Constitution which we now present is the result of a spirit of 
amity, and of that mutual deference and concession which 
the peculiarity of our political situation rendered indispensable. 

That it will meet the full and entire approbation of every 
State, is not, perhaps, to be expected; but each will doubt¬ 
less consider that, had her interest been alone consulted, the 
consequences might have been particularly disagreeable or 
injurious to others. That it is liable to as few exceptions as 
could reasonably have been expected, we hope and believe. 
That it may promote the lasting welfare of that country so 
dear to us all, and secure her freedom and happiness, is our 
most ardent wish. 

With great respect we have the honor to be, sir, your ex¬ 
cellency’s most obedient, humble servants. 

By unanimous order of the Convention: 

GEO: WASHINGTON, President. 

His Excellency the President of Congress. 


28 


CONSTITUTION. 


PROCEEDINGS IN THE OLD CONGRESS. 


UNITED STATES IN CONGRESS ASSEMBLED. 

Friday, September 28, 1787. 

Present :—New Hampshire, Massachusetts, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Virginia, 
North Carolina, South Carolina, and Georgia; and from Ma¬ 
ryland, Mr. Ross. 

Congress having received the report of the Convention 
lately assembled in Philadelphia— 

Resolved , unanimously, That the said report, with the reso¬ 
lutions and letter accompanying the same, be transmitted to 
the several legislatures, in order to be submitted to a conven¬ 
tion of delegates chosen in each State by the people thereof, 
in conformity to the resolves of the Convention made and 
provided in that case. 

CHARLES THOMSON, Secretary . 

/ 



CONSTITUTION. 


29 


AMENDMENTS. 


ARTICLE I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the 
people peaceably to assemble, and to petition the government 
for a redress of grievances. 

ARTICLE II. 

A well regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms 
shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war 
but in a manner to be prescribed by law. 

ARTICLE IY. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated, and no warrants shall 
issue but upon probable cause, supported by oath or affirma¬ 
tion, and particularly describing the place to be searched, 
and the persons or things to be seized. 

ARTICLE Y. 

No person shall be held to answer for a capital, or other¬ 
wise infamous crime, unless on a presentment or indictment 



30 


CONSTITUTION. 


of a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of war 
or public danger; nor shall any person be subject for the 
same offence to be twice put in jeopardy of life or limb; nor 
shall be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be 
taken for public use without just compensation- 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of the 
State and district wherein the crime shall have been com¬ 
mitted, which district shall have been previously ascertained 
by law, and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses against him; 
to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact, tried by a jury shall be otherwise re¬ 
examined in any court of the United States, than according 
to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 


CONSTITUTION. 


31 


. ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equit}q commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign State. 

ARTICLE XII. 

The electors shall meet in their respective States, and vote 
by ballot for President and Vice President, one of whom at 
least shall not be an inhabitant of the same State with them¬ 
selves; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as 
Vice President; and they shall make distinct lists of all per¬ 
sons voted for as President, and of all persons voted for as 
Vice President, and of the number of votes for each; which 
lists they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted; 
the person having the greatest number of votes for President 
shall be the President, if such number be a majority of the 
whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest num¬ 
bers, not exceeding three, on the list of those voted for as 
President, the House of Representatives shall choose immedi¬ 
ately by ballot the President. But in choosing the President, 
the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall 
consist of a member or members from two-thirds of the States, 


32 


CONSTITUTION. 


and a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a Pres¬ 
ident, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice 
President shall act as President, as in the case of the death 
or other constitutional disability of the President. 

The person having the greatest number of votes as Vice 
President shall be the Vice President, if such number be a 
majority of the whole number of electors appointed; and if 
no person have a majority, then from the two highest num¬ 
bers on the list the Senate shall choose the Vice President; 
a quorum for the purpose shall consist of two-thirds of the 
whole number of Senators, and a majority of the whole num¬ 
ber shall be necessary to a choice. But no person constitu¬ 
tionally ineligible to the office of President, shall be eligible 
to that of Vice President of the United States. 


INDEX 


TO 

THE CONSTITUTION OF THE UNITED STATES. 


A. 

Art. 


Arts and sciences, to be promoted.. 1 

Acts, records, and judicial proceedings of each State entitled to 

faith and credit in other States. 4 

Amendments to the Constitution, how made. 5 

made. 

Appointments, to be made by the President. 2 

Apportionment of representatives. 1 

Appropriations by law. 1 

Appropriation for army not to exceed two years. 1 

Armies, Congress to raise and support. 1 

Arms, right of the people to keep and bear. 

Assemble, people may. 

Attainder, bill of, prohibited to Congress. 1 

prohibited to the States. 1 

of treason shall not work corruption of blood or 
forfeiture, except during the life of the person 
attainted. 3 

B. 

Bail, excessive, not required. 

Bankruptcy laws to be uniform.•_. 1 


Bills for raising revenue shall originate in the House of Repre¬ 
sentatives. 1 

before they become laws, shall be passed by both houses 
and approved by the President; or, if disapproved, 

shall be passed by two-thirds of each house. 1 

not returned in ten days, unless an adjournment intervene, 

shall be laws. 1 

Borrow money, Congress may.-. 1 

C. 

Capitation tax, apportionment of. 1 

Census, or enumeration, to be made every ten years.......... 1 

3 


Sec. Page. 
8 11 

1 21 

1 22,23 

29 

2 18 

2 6 
9 13 

8 12 
8 12 

29 

29 

9 13 

10 . 14 


3 21 


30 

8 11 
7 10 


7 10 

7 10 

8 11 


9 13 
2 6 

























34 


INDEX TO THE CONSTITUTION. 


Art. Sec. Page. 


Citizens of each State shall be entitled to the privileges and 

immunities of citizens in the several States. 4 2 21 

Claims, no prejudice to certain. 4 3 22 

of the United States, or of the several States, not to be 
prejudiced by any construction of the Constitution... 4 3 22 

Coasting trade, regulations respecting. 1 9 13 

Coins, Congress fix value of foreign. 1 8 11 

Commerce, Congress to regulate.. 1 8 11 

regulations respecting, to be equal and uniform_ 1 9 . 13 

Commissions to be granted by the President. 2 3 18 

Common law recognised and established, 7th amendment. .30 

Congress vested with power... 1 1 5 

may alter the regulations of State legislatures con¬ 
cerning elections of senators and representatives, 

except as to place of choosing senators. 1 4 8* 

shall assemble once every year. 1 4 8 

officers of government cannot be members of. 1 6 9 

may provide for cases of removal, death, &c., of 

President and Vice President. 2 1 16,17 

may determine the time of choosing electors of Presi¬ 
dent and Vice President. 2 1 16 

may invest the appointment of inferior officers in the 
President alone, in the courts of law, or the heads 

of departments. 2 2 18 

may establish courts inferior to the Supreme Court .. 3 1 19 

may declare the punishment of treason. 3 3 20 

may prescribe the manner of proving the acts and 

records of each State. 4 ] 21 

to assent to the formation of new States. «• 4 3 22 


may propose amendments to Constitution or call a 

convention. 

to lay and collect duties. 

to borrow money.. 

to regulate commerce. 

to establish uniform laws of bankruptcy and natural¬ 
ization . 

to coin money, regulate the value of coin, and fix a 

standard of weights and measures..... 

to punish counterfeiting. 

to constitute tribunals inferior to the Supreme Court, 
to define and punish piracies, felonies on the high seas, 

and offences against the laws of nations. 

to establish post offices and post roads. 

to authorize patents to authors and inventors. 


5 1 22,23 

1 8 11 

1 8 11 

1 8 11 

1 8 11 

1 8 11 

1 8 11 

1 8 12 

1 8 12 

1 8 11 

1 8 11 





























INDEX TO THE CONSTITUTION. 


35 


Art. 


Congress to declare war, grant letters of marque, and make 

rules concerning captures. 1 

to raise and support armies.._. 1 

to provide and maintain a navy. 1 

to make rules for the government of the army and 

navy. 1 

to call out the militia in. certain cases. 1 

to organize, arm, and discipline militia. 1 

to exercise exclusive legislation over seat of govern¬ 
ment . 1 

to pass laws necessary to carry the enumerated powers 

into effect. 1 

to dispose of and make rules concerning the territory 

or other property of the United States. 4 

President may convene and adjourn, in certain cases. 2 

Constitution, how amended. 5 

laws, and treaties declared to be the supreme law. 6 
rendered operative by the ratification of nine 

States. 7 

Contracts, no law impairing. 1 

Conventions for proposing amendments to the Constitution .... 5 

Counterfeiting, Congress to provide for punishment of. 1 

Court, Supreme, its original and appellate jurisdiction. 3 

Courts inferior to the Supreme Court may be ordained by 

Congress. 1 

Ditto.ditto. 3 

Crimes, persons accused of, fleeing from justice, may be de* 

manded. 4 

how to be tried.'.. 3 

Criminal prosecutions, proceedings in cases of. 


D. 


Debts against the confederation to be valid. 6 

Duties to be laid by Congress, and to be uniform. 1 

further provision respecting. 1 

cannot be laid by the States. 1 

on exports prohibited. 1 

on imports and exports imposed by States shall inure to 
the treasury of the United States.. 1 


E. 

Elections of senators and representatives shall be prescribed by 

the States. 1 


Sec. Page. 

8 12 

8 12 

8 12 

8 12 

8 12 

8 12 

8 12 

8 13 

3 22 

3 18 

1 22,23 
1 23 

1 23 

10 14 

1 22 

8 11 

2 20 

8 12 

1 19 

2 21 

2 20 

30 


1 23 

8 11 
9 13; 

10 14 

9 13 

10 14 


4 ' 8 - 


% 





























36 


INDEX TO THE CONSTITUTION. 


Art. 


Elections, qualifications and returns of members of Congress to 

be determined by each house. 1 

Electors of President and Vice President, how chosen, and their 

duties. 2 

altered, (see 12th amendment). 

to vote the same day throughout the United States.... 2 

no senator or representative, or public officer, shall 

serve as. 2 

Enumeration every ten years. 1 

Executive poicer vested in a President, (see President) . 2 

Exports not to be taxed. 1 

and imports, States prohibited from laying duties on... 1 

Ex post facto law, none shall be passed. 1 

prohibited to States. 1 

F. . 

Fines, excessive, prohibited. 

Fugitives from justice to be delivered up. 4 

from service may be reclaimed. 4 


H. 

Habeas corpus, writ of, can only be suspended in cases of re¬ 
bellion or invasion. 1 

House of Representatives. (See Representatives.) 


I. 

.Impeachment to be brought by House of Representatives. 1 

tried by the Senate. 1 

judgment on. 1 

•all civil officers liable to. 2 

[Importation of slaves, not prohibited till 1808 . 1 

J. 

Judges Shall hold their offices during good behaviour. 3 

their compensation. 3 

Judiciary —tribunals inferior to Supreme Court may be created. 1 
.Judicial poicer vested in a supreme court and courts inferior... 3 

powers of the judiciary. 3 

restriction as to suits against a State. 

. Judicial proceedings of each State are entitled to faith and 

eredit in every State. 4 

Jury trial secured, and shall be held in the State where the 

crime shall have been committed. 3 


Sec. Page. 

5 8 


1 

15 

• 

31 

1 

16 

1 

15 

2 

6 

1 

15 

9 

13 

10 

14 

9 

13 

10 

14 


• 

30 

2 

21 

2 

21 


9 13 


2 6 

3 7 

3 8 

4 19 

9 13 


1 19 

1 19 

8 12 

1 19 

2 19 
31 

1 21 

2 20 


























INDEX TO THE CONSTITUTION. 


37 


Art. Sec. Page. 

Jury trial further regulated, (6th amendment). 30 

secured in suits at common law where the value in 
controversy shall exceed twenty dollars, (7th 
amendment). . 30 

L. 

Law, what is declared the supreme.. 6 1 23 

common, recognised and established, (7th amendment)_ - - 30 

Laws, President to see them faithfully executed. 2 3 18 

Legislative powers vested in Congress. (See Congress.) 

Loans, authority to make. 1 8 11 

M. 

Marque and reprisal, letters of. 1 8 12 

Militia to be called out. 1 8 12 

to be officered by the States. 1 8 12 

to b.e commanded by the President. 2 2 17 

their right to keep and bear arms secured, (2d amend¬ 
ment) . 29 

Money shall be drawn from the treasury only by appropriation 

laws. 1 9 13 

Congress to coin and regulate value of. 1 8 11 

States cannot make. 1 10 14 

N. 

Naturalization, uniform rules of. 1 8 11 

Navy, Congress to provide and govern. 1 8 12 

Nobility, titles of, shall not be granted by the United States ... 1 9 14 

nor by the States. 1 10 14 

O. 

Officers of the House of Representatives shall be chosen by the 

House. 1 2 5 

of the Senate shall be chosen by the Senate. 1 3 7 

civil, may be removed by impeachment. 2 4 19 

Order of one house requiring the concurrence of the other .... 1 7 10,11 

Oath of the President. 2 1 17 

of the public officers. 6 1 -3 

P. 

Pardons, President may grant. 2 2 17 

Patents to be granted to inventors.— 1 8 11 

Petition, right of.. 29 


























38 


INDEX TO THE CONSTITUTION. 


•i 


N 


Art. 


Persons held to service or labor, their importation or migration 
into the United States may be prohibited after 1808. 
escaping from one State to another shall be delivered 

up to those entitled to service. 

Piracy, Congress to prescribe punishment for. 

Post offices and post roads , establishment of. 

Powers not delegated to Congress nor prohibited to the States 

are reserved, (10th amendment). 

legislative. (See Congress.) 
executive. (See President.) 
judicial. (See Judicial.) 

Presents from foreign powers to public officers prohibited. 

Press , freedom of. 

President of the U. S. vested with the executive power. 

shall be chosen for four years. 

how elected. 

same, (12th amendment). 

qualifications for. . 

who shall act in case of vacancy. 

compensation of... 

shall take an oath of office. 

may be removed by impeachment. 

President, commander of army, navy, and militia. 

may require the written opinions of the heads of 

departments. 

may reprieve and pardon. 

may make treaties with consent of the Senate. 

may appoint to office with consent of the Senate_ 

shall fill up vacancies happening during the recess of 

the Senate... 

shall give information to Congress and recommend 

measures. 

may convene'both houses, or either house. 

may adjourn them in case of disagreement. 

shall receive ambassadors and public ministers. 

shall take care that the laws be faithfully executed .. 

shall commission all officers. 

Privileges and immunities of members of Congress. 

f of citizens. (See Citizens, also Rights.) 

Property, Congress to provide for care of public.. 

shall not be taken for public use without just compen¬ 
sation, (5th amendment). 

Punishments, cruel and unusual, prohibited. 


1 

4 

1 

1 


1 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

1 

4 


Sec. Page. 

9 13 

2 21 

8 12 

8 11 

, 31 


9 14 

29 

1 15 

1 15 

1 15 

. 31,32 
1 16 

1 17 

1 17 

1 17 

4 19 

2 17 

2 17 

2 17 

2 18 

2 18 

2 18 

3 18 

3 18 

3 18 

3 18 

3 18 

3 18 

6 9 

3 22 

30 
30 































INDEX TO THE CONSTITUTION. 


39 


Q. 

Art. Sec. Page. 

Quorum for business, what shall be a. 1 5 8 

of States in choosing a President by the House of 

Representatives. 2 1 16 

Quartered —no soldier to be quartered on a citizen. 29 

R. 

Receipts and expenditures, accounts of, to be published. 1 9 13 

Records, how to be authenticated. 4 1 21 

Religion —no law to be made—free exercise of. . 29 

religious test not required. 6 . 23 

Reprieves granted by the President. 2 2 17 

Representatives, House of, composed of members chosen every 

second year. 1 2 5 

qualifications of voters. 1 2 5 

qualifications of members. 1 2 5 

apportionment of. 1 2 6 

vacancies, how supplied. 1 2 6 

shall choose their officers. 1 2 6 

shall have the power of impeachment. 1 2 6 

shall be the judge of the election and qualifications 

of its members. 1 5 8 

what shall be a quorum. 1 5 8 

any number may adjourn, and compel the attendance 

of absentees. 1 5 8 

may determine the rules of proceeding. 1 5 8 

may punish or expel a member. 1 5 8 

shall keep a journal and publish the same. 1 5 9 

shall not adjourn for more than three days, nor to any 
other place, without the consent of the Senate. ..1 5 9 

one-fifth may require the yeas and nays. 1 5 9 

shall originate bills for raising revenue. 1 7 10 

compensation to be ascertained by law. 1 6 9 

privileged from arrest, except in certain cases. 1 6 9 

Representatives shall not be questioned for speech or debate in 

the House. 1 6 9 

shall not be appointed to office. 1 6 9 

shall not serve as electors of President. 2 1 15 

and direct taxes apportioned according to num¬ 
bers . 1 2 6 

Representation of a State, vacancies in, supplied until a new 

election by executive authority. 12 6 

Resolution, order, or vote, requiring the concurrence of both 

houses, to undergo the formalities of bills. 1 7 10,11 

































40 


INDEX TO THE CONSTITUTION. 


Art. Sec. Page. 

Revenue bills to originate in the House of Representatives. 1 7 10 

Rights of the citizen declared to he— 

privileges of citizens of the several States. 4 2 21 

liberty of conscience in matters of religion. 29 

freedom of speech and of the press. 29 

to assemble and petition. . 29 

to keep and bear arms. . 29 

. to be exempt from the quartering of soldiers. 29 

to be secure from unreasonable searches and seizures... 29 

to be free from answering for a crime, unless on pre¬ 
sentment or indictment of a jury. . 29,30 

not to be twice jeoparded for the same offence. . 30 

not to be compelled to be a witness against himself. . . 30 

not to be deprived of life, liberty, or property, with¬ 
out due course of law. 30 

private property not to be taken for public use. 30 

in criminal prosecutions, shall enjoy the right of a 
speedy trial by jury, with all the means necessary 

for his defence.-. . 30 

in civil cases, trial to be by a jury, and shall only be 

re-examined according to common law. . 30 

excessive bail shall not be required, excessive fines 
imposed, nor cruel or unusual punishments in¬ 
flicted . . 30 

enumeration of certain rights shall not operate 

against retained rights. 30 

Rules, each house shall determine its own. 1 5 8 

S. 

Seat of government, exclusive legislation. 1 8 12 

Searches and seizures, security against. . 29 

Senate, composed of two senators from each State. 1 3 6 

how chosen, classed, and terms of service. 1 3 6, 7 

qualifications of senators. 1 3 7 

Vice President to be President of the. 1 3 7 

shall choose their officers. 1 3 7 

shall be the judge of the elections and qualifications of 

its members. 15 8 

what number shall be a quorum. 1 5 8 

any number may adjourn, and compel attendance of 

absentees. 1 5 8 

may determine its rules. 1 5 8 

may punish or expel a member. 1 5 .8 































I 

INDEX TO THE CONSTITUTION. 41 

Art. Sec. Page 

Senate, shall keep a journal, and publish the same, except parts 

requiring secrecy. 1 5 9 

shall not adjourn for more than three days, nor to any 
other place, without the consent of the other house.. 1 5 9 

one-fifth may require the yeas and nays. 15 9 

may propose amendments to hills for raising revenue. ..1 7 10 

shall try impeachments. 1 3 7 

effect of their judgment on impeachment. 13 8 

compensation to be ascertained by law. 1 6 9 

privileged from arrest. 1 6 9 

not questioned for any speech or debate. 1 6 9 

shall not be appointed to office.. 1 6 9 

senator shall not be elector. 2 1 15 

Senators and representatives , elections of, how prescribed_ 1 4 8 

Slaves, their importation may be prohibited after 1808 .. 1 9 13 

escaping from one State to another may be reclaimed 4 2 22 

Soldiers not quartered on citizens .. -. 29 

Speaker, how chosen. 1 2 

Speech, freedom of. 29. 

States prohibited from — 

entering into treaty, alliance, or confederation. 1 10 14 

granting letters of marque.1 10 14 

coining money. 1 10 14 

emitting bills of credit.. 1 10 14 

making anything a tender but gold and silver coin.... 1 10 14 

passing bills of attainder, ex post facto laws, or laws 

impairing contracts. 1 10 14 

granting titles of nobility. 1 10 14 

laying duties on imports and exports. 1 10 14 

laying duties on tonnage. 1 10 14 

keeping troops or ships of war in time of peace. 1 10 14 

entering into any agreement or contract with another 

State or a foreign power. 1 10 14 

engaging in war. 1 10 14 

States, new, may be admitted into the Union. 4 3 21 

may be formed within the jurisdiction of others, or by 
the junction of two or more, with the consent of Con¬ 
gress and the legislatures concerned. 4 3 21,22 

State judges bound to consider treaties, the Constitution, and the 

laws under it, as supreme. 6 - 23 

State, every, guarantied a republican form of government, pro¬ 
tected by United States. 4 4 22 

Supreme Court. (See Court and Judiciary.) 

Suits at common laic, proceedings in. • 30 
































42 


INDEX TO THE CONSTITUTION. 


T. 

Art.. Sec. Page. 

Tax, direct, according to representation .. 1 2 6 

shall be laid only in proportion to census. 1 9 13 

Tax on exports prohibited. 1 0 13 

Tender, what shall be a legal. 1 10 14 

Territory or public property, Congress may make rules con¬ 
cerning . 4 3 22 

Test, religious, shall not be required. 6 - 23 

Titles. (See Nobility.) 

Title from foreign State prohibited. 1 0 14 

Treason, defined. 3 3 20 

two witnesses, or confession, necessary for conviction. 3 3 20 

punishment of, may be prescribed by Congress....... 3 3 20 

Treasury, money drawn from, only by appropriation. 1 9 13 

Treaties , how made.— 2 2 18 

the supreme law. 6 - 23 

States cannot make .. 1 10 14 

y. 

Vacancies happening during the recess may be filled temporarily * 

by the President. 2 2 18 

in representation in Congress, how filled. 1 2 6 

Veto of the President, effect of, and proceedings on. 1 7 10 

Vice President of the U. S. to be President of the Senate. 1 3 7 

how elected. 2 1 16 

amendment. . 31, 32 

shall, in certain cases, discharge the 

duties of President. 2 1 16,17 

may be removed by impeachment. ..2 4 19 

Vote of one house requiring concurrence of the other. 1 7 10,11 

W. 

War, Congress to declare. 1 8 12 

Warrants for searches and seizures, when and how they shall 

issue, (4th amendment). 29 

Witness, in criminal cases, no one compelled to be, against him¬ 
self, (5th amendment). . 30 

Weights and measures, standard of. 1 8 11 

Y. 

Yeas and nays entered on journal. 15 9 


I 



























MANUAL 




OF 


PARLIAMENTARY PRACTICE. 


* 


EXTRACT FROM THE RULES OF TIIE HOUSE OF REPRESENTATIVES OF THE 

UNITED STATES. 

The rules of parliamentary practice comprised in Jefferson’s Manual shall 
govern the House in all cases to which they are applicable, and in which they are 
not inconsistent with the standing rules and orders of the House and the joint 
rules of the Senate and House of Representatives .—(Adopted Sept. 15, 1837.^ 


i 


TABLE OF CONTENT^, 


Sec. 1. Rules, importance of. 

2. Legislature. 

3. Privilege. 

4. Elections. 

5. Qualifications. 

6. Quorum. 

7. Call of the House. 

. 8. Absence. 

9. Speaker. 

10. Address. 

11. Committees. 

12. Committee of the Whole. 

13. Examination before Committees, &c. 

14. Arrangement of business. 

15. Order. 

16. Order, respecting papers. 

17. Order, in debate. 

18. Orders of the House. 

19. Petitions. 

20. Motions. 

21. Resolutions. 


22. 

Bills. 

Reading. 

23. 

u 

Leave to bring in. 

24. 

a 

First reading. 

25. 

u 

Second reading. 

26. 

u 

Commitment. 

27. 

a 

Report of Committee. 

28. 

u 

Recommitment. 

29. 

u 

Report taken up. 

30. 

u 

Quasi Committee. 



46 


CONTENTS. 


Sec. 31. 

Bills. 

Second reading in the House. 

32. 

u 

Reading papers. 

33. 

u 

Privileged questions. 

34. 

a 

Previous question. 

35. 

u 

Amendments. 

36. 

(< 

Division of question. 

37. 

u 

Co-existing questions. 

38. 

ti 

Equivalent questions. 

39. 

u 

The question. 

40. 

u 

Third reading. 

41. 

tc 

Division of the House. 

42. 

(( 

Title. 


43. Reconsideration. 

44. Bills sent to the other House. 

45. Amendments between the Houses. 

46. Conferences. 

47. Messages. 

48. Assent. 

• 

49. Journals. 

50. Adjournment. 

51. Session. 

52. Treaties. 

53. Impeachment. 


PREFACE. 


The Constitution of the United States, establishing a legis¬ 
lature for the Union under certain forms, authorizes each 
branch of it “ to determine the rules of its own proceedings.” 
The Senate have accordingly formed some rules for its own 
government; but these going only to few cases, they have 
referred to the decision of their President, without debate and 
without appeal, all questions of order arising either under their 
own rules, or where they have provided none. This places 
under the discretion of the President a very extensive field 
of decision, and one which, irregularly exercised, would have 
a powerful effect on the proceedings and determinations of 
the House. The President must feel, weightily and seriously, 
this confidence in his discretion, and the necessity of recur¬ 
ring, for its government, to some known system of rules, that 
he may neither leave himsell free to indulge caprice or pas¬ 
sion, nor open to the imputation of them. But to what sys¬ 
tem of rules is he to recur, as supplementary to those of the 
Senate? To this there can be but one answer. To the 
system of regulations adopted for the government of some one 
of the parliamentary bodies within these States, or of that 
which has served as a prototype to most of them. This last 
is the model which we have all studied, while we are little 
acquainted with the modifications of it in our several States. 
It is deposited, too, in publications possessed by many, and 
open to all. Its rules are probably as wisely constructed for 



48 


PREFACE. 


governing the debates of a considerative body, and obtaining 
its true sense, as any which can become known to us; and the 
acquiescence of the Senate, hitherto, under the references to 
them, has given them the sanction of their approbation. 

Considering, therefore, the law of proceedings in the Senate 
as composed of the precepts of the Constitution, the regula¬ 
tions of the Senate, and, where these are silent, of the rules 
of Parliament, I have here endeavored to collect and digest 
so much of these as is called for in ordinary practice, collating 
the Parliamentary with the Senatorial rules, both where they 
agree and where they vary. I have done this, as well to 
have them at hand for my own government, as to deposite 
with the Senate the standard by which I judge, and am wil¬ 
ling to be judged. I could not doubt the necessity of quoting 
the sources of my information, among which Mr. Hatsel’s 
most valuable book is pre-eminent; but as he has only treated 
some general heads, I have been obliged to recur to other 
authorities in support of a number of common rules of prac¬ 
tice, to which his plan did not descend. Sometimes each au¬ 
thority cited supports the whole passage. Sometimes it rests 
on all taken together. Sometimes the authority goes only to 
a part of the text, the residue being inferred from known rules 
and principles. For some of the most familiar forms no 
written authority is or can be quoted; no writer having sup¬ 
posed it necessary to repeat what all were presumed to know. 
The statement of these must rest on their notoriety. 

I am - aware that authorities can often be produced in op¬ 
position to the rules which I lay down as Parliamentary. An 
attention to dates will generally remove their weight. The 
proceedings of Parliament in ancient times, and for a long 
while, were crude, multiform, and embarrassing. They have 


PREFACE. 


49 


\ 




been, however, constantly advancing towards uniformity and 
accuracy, and have now attained a degree of aptitude to their 
object beyond which little is to be desired or expected. 

Yet I am far from the presumption of believing that I may 
not have mistaken the Parliamentary practice in some cases, 
and especially in those minor forms, which, being practised 
daily, are supposed known to everybody, and therefore have 
not been committed to writing. Our resources, in this quarter 
of the globe, for obtaining information on that part of the sub¬ 
ject, are not perfect. But I have begun a sketch, which 
those who come after me will successively correct and fill 
up, till a code of rules shall be formed for the use of the 
Senate, the effects of which may be accuracy in business, 
economy of time, order, uniformity, and impartiality. 

Note. —The rules and practices peculiar to the Senate are printed between 
brackets, [ ]. Those of Parliament are not so distinguished. 

4 































































































































































































• 








* 


• 



























MANUAL 


OF 

PARLIAMENTARY PRACTICE. 


IMPORTANCE OF RULES. 

SEC. I.-THE IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers of the House 
of Commons, used to say, “It was a maxim he had often 
heard when he was a young man, from old and experienced 
members, that nothing tended more to throw power into the 
hands of administration, and those who acted with the ma¬ 
jority of the House of Commons, than a neglect of, or depart¬ 
ure from, the rules of proceeding: that these forms, as insti¬ 
tuted by our ancestors, operated as a check and control on 
the actions of the majority, and that they were, in many in¬ 
stances, a shelter and protection to the minority, against the 
attempts of power.” So far the maxim is certainly true, andi 
is founded in good sense, that as it is always in the power of 
the majority, by their numbers, to stop any improper measures 
proposed on the part of their opponents, the only weapons by 
which the minority can defend themselves against similar at¬ 
tempts from those in power, are the forms and rules of pro¬ 
ceeding which have been adopted as they were found neces¬ 
sary, from time to time, and are become the law of the 
House; by a strict adherence to which, the weaker party can. 
only be protected from those irregularities and abuses which 
these forms were intended to check, and which the wanton¬ 
ness of power is but too often apt to suggest to large and 
successful majorities. 2 Hats . 171, 172. 

And whether these forms be in all cases the most rational 



52 


MANUAL. 


or not, is really not cf so great importance. It is much more 
material that there should be a rule to go by, than what that 
rule is; that there may be a uniformity of proceeding in busi¬ 
ness, not subject to the caprice of the Speaker, or captious¬ 
ness of the members. It is very material that order, decency, 
and regularity be preserved in a dignified public body. 2 
Hate. 149. 

SEC. II.-LEGISLATURE. 

[All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives. Constitution of the United 
States , Art. 1, Sec. 1.] 

[The Senators and Representatives shall receive a compen¬ 
sation for their services, to be ascertained by law, and paid 
out of the Treasury of the United States. Constitution of the 
United States , Art. 1, See. 6.] 

[For the powers of Congress, see the following Articles and 
Sections of the Constitution of the United States. I. 4, 7, 8, 9. 
II. 1, 2. III. 3. IV. 1, 3, 5, and all the amendments.] 

SEC. III.-PRIVILEGE. 

The privileges of members of Parliament, from small and 
obscure beginnings, have been advancing for centuries with 
a firm and never yielding pace. Claims seem to have been 
brought forward, from time to time, and repeated, till some 
example of their admission enabled them to build law on that 
example. We can only, therefore, state the points of progres¬ 
sion at which they now are. It is now acknowledged, 1st. 
That they are at all times exempted from question elsewhere 
for anything said in their own House; that during the time of 
privilege, 2d. Neither a member himself, his # wife, nor his ser¬ 
vants, (familiares sui) for any matter of their own, may bet 
arrested on mesne process, in any civil suit: 3d. Nor be de¬ 
tained under execution, though levied before time of privilege : 

* Order of the House of Commons, 1663, July 16. 
t Elsyuge 217, 1 Hats. 21. 1 Grey’s Deb. 133. 


PRIVILEGE. 


53 


4th. Nor impleaded, cited, or subpoenaed in any court: 5th. 
Nor summoned as a witness or juror: 6th. Nor may their 
lands or goods be distrained: 7th. Nor their persons assaulted, 
or characters traduced. And the period of time covered by 
privilege, before and after the session, with the practice of 
short prorogations under the connivance of the crown, amounts 
in fact to a perpetual protection against the course of justice. 
In one instance indeed it has been relaxed by the 10 G. 3, 
c. 50, which permits judiciary proceedings to go on against 
them. That these privileges must be continually progressive, 
seems to result from their rejecting all definition of them; 
the doctrine being that “ their dignity and independence are 
preserved by keeping their privileges indefinite; and that 
‘the maxims upon which they proceed, together with the 
method of proceeding, rest entirely in their own breast, and 
are not defined, and ascertained by any particular stated 
laws.’” 1 Blackst. 163, 164. 

[It was probably from this view of the encroaching charac¬ 
ter of privilege, that the framers of our Constitution, in their 
care to provide that the laws shall bind equally on all, and 
especially that those who make them shall not exempt them¬ 
selves from their operation, have only privileged “ Senators 
and Representatives” themselves from the single act of “ arrest 
in all cases except treason, felony, and breach of the peace, 
during their attendance at the session of their respective 
Houses, and in going to and returning from the same, and 
from being questioned in any other place for any speech or 
debate in either House.” Const. U. S. Art. 1. Sec. 6. Under 
the general authority “ to make all laws necessary and pro¬ 
per for carrying into execution the powers given them,” 
Const. U. S. Art. 2, Sec. 8, they may provide by law the 
details which may be necessary for giving full effect to the 
enjoyment of this privilege. No such law being as yet made, 
it seems to stand at present on the following ground: 1. The 
act of arrest is void, ab initio. # 2. The member arrested may 
be discharged on motion, 1 Bl. 166, 2 Stra. 990; or by 

* 2 Stra. 989. 


54 


MANUAL. 


habeas corpus under the Federal or State authority, as the 
case may be; or by a writ of privilege out of the Chancery, 
2 Stra. 989, in those States which have adopted that part of 
the laws of England. Orders of the House oj Commons , 1550, 
February 20. 3. The arrest being unlawful, is a trespass for 

which the officer and others concerned are liable to action or 
indictment in the ordinary courts of justice, as in other cases 
of unauthorized arrest. 4. The court before which the process 
is returnable, is bound to act as in other cases of unauthorized 
proceeding, and liable also, as in other similar cases, to have 
their proceedings stayed or corrected by the superior courts.] 

[The time necessary for going to, and returning from, Con¬ 
gress, not being defined, it will, of course, be judged of in 
every particular case by those who will have to decide the 
case.] While privilege was understood in England to extend, 
as it does here, only to exemption from arrest, eundo, mo- 
rando, et redeundo, the House of Commons themselves de¬ 
cided that “a convenient time was to be understood.” (15S0,) 

1 Hats. 99, 100. Nor is the law so strict in point of time as 
to require the party to set out immediately on his return, but 
allows him time to settle his private affairs, and to prepare 
for his journey; and does not even scan his road very nicely, 
nor forfeit his protection for a little deviation from that which 
is most direct; some necessity perhaps constraining him to it. 

2 Stra, 986, 987. 

This privilege from arrest, privileges, of course, against all 
process the disobedience to which is punishable by an attach¬ 
ment of the person; as a subpoena ad respondendum, or tes¬ 
tificandum, or a summons on a jury; and with reason, be¬ 
cause a member has superior duties to perform in another 
place. [When a representative is withdrawn from his seat 
by summons, the 40,000 people whom he represents lose their 
voice in debate and vote, as they do on his voluntary ab¬ 
sence: when a senator is withdrawn by summons, his State 
loses half its voice in debate and vote, as it does on his vol¬ 
untary absence. The ernormous disparity of evil admits no 
comparison.] 


PRIVILEGE. 


55 


[So far there will probably be no difference of opinion as 
to the privileges of the two houses of Congress: but in the 
following cases it is otherwise. In December, 1795, the 
House of Representatives committed two persons of the 
name of Randall and Whitney, for attempting to corrupt the 
integrity of certain members, which they considered as a 
contempt and breach of the privileges of the House; and the 
facts being proved, Whitney was detained in confinement a 
fortnight, and Randall three weeks, and was reprimanded by 
the Speaker. In March, 1796, the House of Representatives 
voted a challenge given to a member of their House to be a 
breach of the privileges of the House; but satisfactory apologies 
and acknowledgments being made, no further proceeding 
was had. The editor of the Aurora having, in his paper of 
February 19, 1800, inserted some paragraphs defamatory of 
the Senate, and failed in his appearance, he was ordered to 
be committed. In debating the legality of this order, it was 
insisted, in support of it, that every man, by the law of 
nature, and every body of men, possesses the right of self- 
defence; that all public functionaries are essentially invested 
with the powers of self-preservation; that they have an 
inherent right to do all acts necessary to keep themselves in 
a condition to discharge the trusts confided to them; that 
whenever authorities are given, the means of carrying them 
into execution are given by necessary implication; that thus 
we see the British Parliament exercise the right of punishing 
contempts; all the State Legislatures exercise the same 
power, and every court does the same; that, if we havb it 
not, we sit at the mercy of every intruder who may enter our 
doors or gallery, and, by noise and tumult, render proceeding 
in business impracticable; that if our tranquillity is to be 
perpetually disturbed by newspaper defamation, it will not 
be possible to exercise our functions with the requisite cool¬ 
ness and deliberation; and that we must therefore have a 
power to punish these disturbers of our peace and proceed¬ 
ings. To this it was answered, that the Parliament and courts 


56 


MANUAL. 


of England have cognizance of contempts by the express 
provisions of their law; that the State Legislatures have 
equal authority, because their powers are plenary; they rep¬ 
resent their constituents completely, and possess all their pow¬ 
ers, except such as their constitutions have expressly denied 
them; that the courts of the several States have the same 
powers by the laws of their States, and those of the federal 
government by the same State laws adopted in each State, 
by a law of Congress; that none of these bodies, therefore, 
derive those powers from natural or necessary right, but from 
express law; that Congress have no such natural or neces¬ 
sary power, nor any powers but such as are given them by 
the Constitution; that that has given them, directly, exemption 
from personal arrest, exemption from question elsewhere for 
what is said In their House, and power over their own mem¬ 
bers and proceedings; for these no further law is necessary, 
the Constitution being the law; that, moreover, by that article 
of the Constitution which authorizes them “to make all laws 
necessary and proper for carrying into execution the powers 
vested by the Constitution in them,” they may provide by 
law for an undisturbed exercise of their functions, e. g. for 
the punishment of contempts, of affrays or tumult in their 
presence, &c.; but, till the law be made, it does not exist; 
and does not exist, from their own neglect; that in the mean 
time, however, that they are not unprotected, the ordinary 
magistrates and courts of law being open and competent to 
punish all unjustifiable disturbances or defamations, and even 
their own sergeant, who may appoint deputies ad libitum to 
aid him, 3 Grey , 59, 147, 255, is equal to small disturbances; 
that in requiring a previous law, the Constitution had regard 
to the inviolability of the citizen, as well as of the member; 
as, should one House, in the regular form of a bill, aim at too 
broad privileges, it may be checked b}^ the other, and both 
by the President; and also as, the law being promulgated, 
the citizen will know how to avoid offence. But if one branch 
may assume ils own privileges without contnl, if it may do it 


PRIVILEGE. 


57 


on the spur of the occasion, conceal the law in its own breast 
and after the fact committed, make its sentence both the law 
and the judgment on that fact; if the offence is to be kept 
undefined, and to be declared only ex re nata, and according 
to the passions of the moment, and there be no limitation 
either in the manner ur measure of the punishment, the 
condition of the citizen will be perilous indeed. Which of 
these doctrines is to prevail, time will decide. Where there 
is no fixed law, the judgment on any particular case is the 
law of that single case only, and dies with it. When a new 
and even a similar case arises, the judgment which is to make, 
and at the same time apply the law, is open to question and 
consideration, as are all new laws. Perhaps Congress, in the 
mean time, in their care for the safety of the citizen, as well 
as that for their own protection, may declare by law what is 
necessary and proper to enable them to carry into execution 
the powers vested in them, and thereby hang up a rule for 
the inspection of all, which may direct the conduct of the 
citizen, and at the same time test the judgments they shall 
themselves pronounce in their own case.] 

Privilege from arrest takes place by force of the election; 
and before a return be made a member elected may be named 
of a committee, and is to every intent a member, except that 
he cannot vote until he is sworn. Memor. 107, 108. HEwes, 
642, col . 2. 643, col . 1. Pet. Miscel. Pari. 119. Lex. Pari, 

c. 23. 2 Hats. 22, 62. 

Every man must, at his peril, take notice who are mem¬ 
bers of either House returned of record. Lex. Pari ., 23; 
4 hist., 24. 

On complaint of a breach of privilege, the party may 
either be summoned, or sent for in custody of the sergeant. 
1 Grey , SS, 95. 

The privilege of a member is the privilege of the House. 
If the member waive it without leave, it is a ground for 
punishing him, but cannot in effect waive the privilege ol the 
House. 3 Grey , 140, 222. 


58 


MANUAL. 


For any speech or debate in either House, they shall not 
be questioned in any other place. Const, U. S., I, 6; S. P. 
protest of the Commons to James I, 1621; 2 Rapin, No. 54, pp. 
211, 212. But this is restrained to things done in the House 
in a parliamentary course. 1 Rush., 663. For he is not to 
have privilege contra morem parliamentarium, to exceed the 
bounds and limits of his place and duty. Com. p. 

If an offence be committed by a member in the House, of 
which the House has cognizance, it is an infringement of 
their right for an} r person or court to take notice of it, till 
the House has punished the offender, or referred him to a 
due course. Lex. Pari., 63. 

Privilege is in the power of the House, and is a restraint to 
the proceeding of inferior courts, but not of the House itself. 
2 Nalson, 450; 2 Grey , 399. For whatever is spoken in the 
House is subject to the censure of the House; and offences of 
this kind have been severely punished by calling the person 
to the bar to make submission, committing him to the tower, 
expelling the House, &c. Scob., 72; L. Pari., c. 22. 

It is a breach of order for the Speaker to refuse to put a 
question which is in order. 2 Hats., 175-6 ; 5 Grey, 133. 

And even in cases of treason, felony, and breach of the 
peace, to which privilege does not extend as to substance, 
yet in Parliament a member is privileged as to the mode of 
proceeding. The case is first to be laid before the House, 
that it may judge of the fact and of the grounds of the accu¬ 
sation, and how far forth the manner of the trial may concern 
their privilege; otherwise it would be in the power of other 
branches of the government, and even of every private man, 
under pretences of treason, &c., to take any man from his 
service in the House, and so as many, one after another, as 
would make the House what he pleaseth. Dec. of the Com. 
on the King's declaring Sir John Hotharn a traitor. 4 Rushw., 
586. So, when a member stood in.dicted for felony, it was 
adjudged that he ought to remain of the House till convic¬ 
tion ; for it may be any man’s case, who is guiltless, to be 


PRIVILEGE. 


59 


accused and indicted of felony, or the like crime. 23 El., 
1580 ; D'Ewes , 2S3, col. 1; Lex. Pari., 133. 

When it is found necessary for the public service to put a 
member under arrest, or when, on any public inquiry, matter 
comes out which may lead to affect the person of a member, 
it is the practice immediately to acquaint the House, that 
they may know the reasons for such a proceeding, and take 
such steps as they think proper. 2 Hats., 259. Of which see 
many examples, lb., 256, 257, 25S. But the communication 
is subsequent to the arrest. 1 Blacht., 167. 

It is highly expedient, says Hatsell, for the due preserva¬ 
tion of the privileges of the separate branches of the legisla¬ 
ture, that neither should encroach on the other, or interfere 
in any matter depending before them, so as to preclude, or 
even influence that freedom of debate, which is essential to 
a free council. The} 7- are therefore not to take notice of any 
bills or other matters depending, or of votes that have been 
given, or of speeches which have been held, by the members 
of either of the other branches of the legislature, until the 
same have been communicated to them in the usual parlia¬ 
mentary manner. 2 Hats., 252. 4 Inst., 15. Selcl. Jud., 53. 

Thus the king’s taking notice of the bill for suppressing sol¬ 
diers, depending before the House; his proposing a provisional 
clause for a bill before it was presented to him by the two 
Houses; his expressing displeasure against some persons for 
matters moved in Parliament during the debate and prepara¬ 
tion of a bill, were breaches of privilege; 2 Nalson, 743; 
and in 1783, December 17, it was declared a breach of fun¬ 
damental privileges, &c., to report any opinion or pretended 
opinion of the king on any bill or proceeding depending in 
either House of Parliament, with a view to influence the votes 
of the members. 2 Hats., 251, 6. 

SEC. IV.-ELECTIONS. * 

[The times, places, and manner of holding elections for 
senators and representatives, shall be prescribed in each 


60 


MANUAL. 


State by the legislature thereof; but the Congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing senators. Const.., I. 4.] 

[Each house shall be the judge of the elections, returns, and 
qualifications of its own members. Const., I. 5.] 

SEC. V.-QUALIFICATIONS. 

[The Senate of the United States shall be composed of two 
senators from each State, chosen by the legislature thereof for 
six years, and each senator shall have one vote.] 

[Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may 
be into three classes. The seats of the senators of the first 
class shall be vacated at the end of the second year; of the 
second class at the expiration of the fourth year; and of the 
third class at the expiration of the sixth year; so that one- 
third may be chosen every second year; and if vacancies 
happen, by resignation or otherwise, during the recess of the 
legislature of any State, the executive thereof may make tem¬ 
porary appointments until the next meeting of the legislature, 
which shall then fill such vacancies.] 

[No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhab¬ 
itant of that State for which he shall be chosen. Const., I. 3.] 
[The House of Representatives shall be composed of mem¬ 
bers chosen every second year by the people of the several 
States; and the electors in each State shall have the qualifi¬ 
cations requisite for electors of the most numerous branch of 
the State legislature.] 

[No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years 
a citizen of the United States, and who shall n t, when elected, 
be an inhabitant of that State in which he shall be chosen.] 
[Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 


QUALIFICATIONS. 


61 


Union, according to their respective numbers; which shall 
be determined by adding to the whole number of free per¬ 
sons, including those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all other per¬ 
sons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of 
representatives shall not exceed one for every thirty thousand, 
but each State shall have at least one representative.— Con¬ 
stitution of the United States , I. 2.] 

[The provisional apportionments of representatives made 
in the Constitution in 1787, and afterwards by Congress, 
were as follows : 


STATES. 

1787.(a) 

1790.(6) 

1800.(c) 

1810 (d) 

1820.(e) 

1830.(/) 

Maine (g) . 





7 

8 

New Hampshire. 

3 

4 

5 

6 

6 

5 

Massachusetts. 

8 

14 

17 

20 

13 

12 

Khode Island. 

1 

2 

2 

2 

2 

2 

Connecticut. 

5 

7 

7 

7 

6 

6 

Vermont. 


2 

4 

6 

5 

5 

New York. 

6 

10 

17 

27 

34 

40 

New 7 Jersey. 

4 

5 

6 

6 

6 

6 

Pennsylvania. 

8 

13 

18 

23 

26 

28 

Delaware. 

1 

1 

1 

2 

1 

1 

Maryland. 

6 

8 

9 

9 

9 

8 

Virginia. 

10 

19 

22 

28 

22 

21 

North Carolina. 

5 

10 

12 

13 

13 

13 

South Carolina. 

5 

6 

8 

9 

9 

9 

Georgia. 

3 

2 

4 

6 

7 

9 

Kentucky.. 


2 

6 

10 

12 

13 

Tennessee (/t). 


• • 

3 

6 

9 

13 

Ohio (i). 


- • • 


6 

14 

19 

Louisiana ( j ). 


• • 


• . 

3 

3 

Indiana (k) . 


• • 



3 

7 

Mississippi (/). 


• • 



1 

2 

Illinois (m) . 


• • 



1 

3 

Alabama (n). 





3 

5 

Missouri (o). 





• . 

2 

Michigan (p) . 


• • 



• - 

-• 

Arkansas (q) . 

- - 

- - 


• • 

• • 

• • 


(a) As per Constitution. 

( b ) As per act of April 14, 1792, one representative for 33,000—first census. 
















































62 


MANUAL. 


[When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. I, 2.] 

[No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States which shall have been 
created, or the emoluments whereof shall have been in¬ 
creased, during such time; and no person holding any office 
under the United States shall be a member of either house 
during his continuance in office. Co?ist., I, 6.] 

SEC. VI.-QUORUM. 

[A majority of each house shall constitute a quorum to do 
business ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of ab¬ 
sent members, in such manner, and under such penalties, as 
each house may provide. Const. I. 5.] 

In general, the chair is not to be taken till a quorum for 


( c ) As per act of Jan. 14, 1802, one representative for 33,000—second census. 
( d ) As per act of Dec. 21, 1811, one representative for 35,000—third census. 

( e) As per act of Mar. 7, 1822, one representative for 40,000—fourth census. 
(/) -A- 8 P er of May 22, 1832, one representative for 47,700—fifth census. 

( g ) Previous to the 3d March, 1820, Maine formed a part of Massachusetts, 
and was called the District of Maine , and its representatives are numbered with 
those of Massachusetts. By compact between Maine and Massachusetts, Maine 
became a separate and independent State, and by act of Congress of 3d March, 
1820, was admitted into the Union as such—the admission to take place on the 
15th of the same month. On the 7 th of April, 1820, Maine was declared entitled 
to seven representatives, to be taken from those of Massachusetts. 

(/t) Admitted under act of Congress of June 1, 1796, with one representative. 


(i) Do.... 




... do- 

-do. 

(j) Do.... 




... do- 

-do. 

(k) Do.... 




-..do_ 

-do. 

(O Do.... 




...do_ 

-do. 

(m) Do.... 




...do_ 

-do. 

(n) Do.... 




...do_ 

-do. 

(o) Do.... 




... do- 

.-..do. 

(p) Do.... 

....do.... 



...do_ 

-do. 

(?) Do.... 




... do_ 

.... do. 













CALL OF THE HOUSE. 


63 


business is present; unless, after due waiting, such a quorum 
be despaired of, when the chair may be taken and the House 
adjourned. And whenever, during business, it is observed 
that a quorum is not present, any member may call for the 
house to be counted, and being found deficient, business is 
suspended. 2 Hats . 125, 126. 

[The President having taken the chair, and a quorum be¬ 
ing present, the journal of the preceding day shall be read, 
to the end that any mistake may be corrected that shall have 
been made in the entries. Rides of the Senate.'] 

9 * 

SEC. VII.-CALL OF THE HOUSE. 

On a call of the House, each person rises up as he is called 
and answereth; the absentees are then only noted, but no 
excuse to be made till the House be fully called over. Then 
the absentees are called a second time, and if still absent, 
excuses are to be heard. Ord. House of Commons , 92. 

They rise that their persons may be recognised ; the voice, 
in such a crowd, being an insufficient verification of their 
presence. But in so small a body as the Senate of the 
United States, the trouble of rising cannot be necessary. 

Orders for calls on different days may subsist at the same 
time. 2 Hats. 72. 


SEC. VIII.-ABSENCE. 

[No member shall absent himself from the service of the 
Senate, without leave of the Senate first obtained. And in 
case a less number than a quorum of the Senate shall con¬ 
vene, they are hereby authorized to send the Sergeant-at- 
Arms, or any other person or persons by them authorized, for 
any or all absent members, as the majority of such members 
present shall agree, at the expense of such absent members, 
respectively, unless such excuse for non-attendance shall be 
made as the Senate, when a quorum is convened, shall judge 
sufficient: and in that case the expense shall be paid out of 


64 


MANUAL. 


the contingent fund. And this rule shall apply as well to the 
first convention of the Senate, at the legal time of meeting, 
as to each day of the session, after the hour is arrived to 
which the Senate stood adjourned. Rule 8.] 

SEC. IX.-SPEAKER. 

[The Vice President of the United States shall be Presi¬ 
dent of the Senate, but shall have no vote unless they be 
equally divided. Constitution , I. 3.] 

[The Senate shall choose their officers, and also a Presi¬ 
dent pro tempore in the absence of the Vice President, or 
when he shall exercise the office of President of the United 
States, lb .] 

[The House of Representatives shall choose their Speaker 
and other officers. Const., I. 2.] 

When but one person is proposed, and no objection made, 
it has not been usual in Parliament to put any question to the 
House ; but without a question, the members proposing him 
conduct him to the chair. But if there be objection, or an¬ 
other proposed, a question is put by the clerk. 2 Hats., 158. 
As are also questions of adjournment. 6 Grey, 406. Where 
the House debated and exchanged messages and answers 
with the king for a week, without a Speaker, till they were 
prorogued. They have done it de die in diem for 14 days. 
1 Chand., 331, 335. 

[In the Senate, a President pro tempore in the absence of 
the Vice President is proposed and chosen by ballot. His 
office is understood to be determined on the Vice President’s 
appearing and taking the chair, or at the meeting of the 
Senate after the first recess.] 

Where the Speaker has been ill, other Speakers pro tempore 
have been appointed. Instances of this are 1 H. 4. Sir John 
Cheyney, and for Sir Wm. Sturton, and in 15 H. 6. Sir John 
Tyrrel, in 1656, January 27, 165S. March 9, 1659. Jan¬ 
uary 13. 


ADDRESS. 


65 


Sir Job Charlton ill, Seymour chosen, 
1673, February 18. 


Not merely pro 


Seymour being ill, Sir Robert Sawyer tempore. 1 . ChancL. 
chosen, 1678, April 15. 169, 276, 277. 

Sawyer being ill, Seymour chosen. 

Thorpe in execution, a new Speaker chosen, 31 H. VI. 
3 Grey , 11; and March 14, 1694, Sir John Trevor chosen. 
There have been no later instances. 2 Hats, 161. 4 Inst . 
8 L. Pari. 263. 

A Speaker may be removed at the will of the House, and 
a Speaker pro tempore appointed.* 2 Grey, 186. 5 Grey, 134. 


SEC. X.-ADDRESS. 


[The President shall, from time to time, give to the Con¬ 
gress information of the state of the Union, and recommend 
to their consideration such measures as he shall judge neces¬ 
sary and expedient. Const. II. 3.] 

A joint address of both Houses of Parliament is read by 
the Speaker of the House of Lords. It may be attended by 
both Houses in a body, or by a committee from each House, 
or by the two Speakers only. An address of the House of 
Commons only, may be presented by the whole House, or 
by the Speaker, 9 Grey, 473; 1 Chandler, 298, 301; or by 
such particular members as are of the privy council. 2 
Hats. 278. 

SEC. XI.-COMMITTEES. 


Standing committees, as of privileges and elections, &c.,. 
are usually appointed at the first meeting, to continue through 
the session. The person first named is generally permitted' 
to act as chairman. But this is a matter of courtesy; every 
committee having a right to elect their own chairman, who. 
presides over them, puts questions, and reports their proceed¬ 
ings to the House. 4 Inst. 11, 12. Scob. 9. 1 Grey, 122. 

* Rule 23. The Vice President, or President of the Senate pro tempore , shall 
have the right to name a member to perform the duties of the Chair; but such» 
substitution shall not extend beyond an adjournment. 

5 




66 


MANUAL. 


At these committees the members are to speak standing, 
and not sitting; though there is reason to conjecture it was 
formerly otherwise. D'Ewes, 630, col. 1. 4 Pari. Hist. 440. 
2 Hats. 77. 

Their proceedings are not to be published, as they are of 
no force till confirmed by the House. Rushw. part 3, vol. 2, 
74. 3 Grey, 401. Scob. 39. Nor can they receive a petition 
but through the House. 9 Grey, 412. 

When a committee is charged with an inquiry, if a mem¬ 
ber prove to be involved, they cannot proceed against him, 
but must make a special report to the House; whereupon the 
member is heard in his place, or at the bar, or a special au¬ 
thority is given to the committee to inquire concerning him. 
9 Grey, 523. 

So soon as the House sits, and a committee is notified of 
it, the chairman is in duty bound to rise instantly, and the 
members to attend the service of the House. 2 Nals. 319. 

It appears that on joint committees of the Lords and Com¬ 
mons, each committee acted integrally in the following in¬ 
stances: 7 Grey, 261, 278, 285, 338. 1 Chandler, 357, 462. 

In the following instances it does not appear whether they 
did or not: 6 Grey, 129. 7 Grey, 213, 229; 321.* 

* Rule 33. The following standing committees, to consist of five members 
each, shall be appointed at the commencement of each session, with leave to 
report by bill or otherwise: 

A Committee on Foreign Relations. 

A Committee on Finance. 

A Committee on Commerce. 

A Committee on Manufactures. 

A Committee on Agriculture. 

A Committee on Military Affairs. 

A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Public Lands. 

A Committee on Private Land Claims. 

A Committee on Indian Affairs. 

A Committee of Claims. 

A Committee on the Judiciary. 


COMMITTEE OF THE WHOLE. 


67 


SEC. XII.-COMMITTEE OF THE WHOLE. 

The speech, messages, and other matters of great concern¬ 
ment, are usually referred to a committee of the whole house, 
(6 Grey , 311,) where general principles are digested in the 
form of resolutions, which are debated and amended till they 
get into a shape which meets the approbation of a majority. 
These being reported and confirmed by the House, are then 
referred to one or more select committees, according as the 
subject divides itself into one or more bills. Scob. 36, 44. 
Propositions for any charge on the people are especially to 
be first made in a committee of the whole. 3 Hats. 127. 
The sense of the whole is better taken in committee, because 
in all committees every one speaks as often as he pleases. 
Scob. 49. They generally acquiesce in the chairman named 
by the Speaker; but, as w^ell as all other committees, have a 
right to elect one, some member, by consent, putting the ques¬ 
tion. Scob. 36. 3 Grey , 301. The form of going from the 

House into committee, is for the Speaker, on motion, to put 
the question that the House do now resolve itself into a com¬ 
mittee of the whole to take under consideration such a matter, 
naming it. If determined in the affirmative, he leaves the 
chair and takes a seat elsewhere, as any other member; and 
the person appointed chairman seats himself sit the clerk’s 
table. Scob. 36. Their quorum is the same as that of the 
House; and if a defect happens, the chairman, on a motion 
and question, rises, the Speaker resumes the chair, and the 
chairman can make no other report than to inform the House 

A Committee on the Post Office and Post Roads. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee, of three members, whose duty it shall be to audit and control 
the contingent expenses of the Senate. 

And a Committee, consisting of three members, whose duty it shall be to 
examine all bills, amendments, resolutions, or motions, before they go out of the 
possession of the Senate, and to make report that they are correctly engrossed; 
which report shall be entered on the journal. 


68 


MANUAL. 


of the cause of their dissolution. If a message is announced 
during a committee, the Speaker takes the chair, and receives 
it, because the committee cannot. 2 Hats. 125, 126. • 

In a committee of the whole, the tellers on a division differ¬ 
ing as to numbers, great heats and confusion arose, and danger 
of a decision by the sword. The Speaker took the chair, the 
mace was forcibly laid on the table; whereupon, the members 
retiring to their places, the Speaker told the House “he had 
taken the chair without an order, to bring the House into 
order.” Some excepted against it; but it was generally ap¬ 
proved, as the only expedient to suppress the disorder. And 
every member was required, standing up in his place, to en¬ 
gage that he would proceed no further in consequence of 
what had happened in the grand committee, which was done. 
3 Grey , 128. 

A committee of the whole being broken up in disorder, and 
the chair resumed by the Speaker without an order, the House 
was adjourned. The next day the committee was considered 
as thereby dissolved, and the subject again before the House; 
and it was decided in the House, without returning into com¬ 
mittee. 3 Grey , 130. 

No previous question can be put in a committee ; nor can 
this committee adjourn as others may; but if their business 
is unfinished, they rise, on a question, the House is resumed, 
and the chairman reports that the committee of the whole 
have, according to order, had under their consideration such 
a matter, and have made progress therein ; but not having 
had time to go through the same, have directed him to ask 
leave to sit again. Whereupon a question is put on their 
having leave, and on the time the House will again resolve 
itself into a committee. Scob. 38. But if they have gone 
through the matter referred to them, a member moves that 
the committee may rise, and the chairman report their pro¬ 
ceedings to the House; which being resolved, the chairman 
rises, the Speaker resumes the chair, the chairman informs 
him that the committee have gone through the business refer- 


EXAMINATION OF WITNESSES. 


69 


red to them, and that he is ready to make report when the 
House shall think proper to receive it. If the House have 
time to receive it, there is usually a cry of “ now, now,” 
whereupon he makes the report: but if it be late, the cry is 
“ to-morrow, to-morrow,” or “ on Monday,” &c., or a motion 
is made to that effect, and a question put that it be received 
to-morrow, &c. Scob. 38. 

In other things the rules of proceedings are to be the same 
as in the House. Scob. 39. 

SEC. XIII.-EXAMINATION OF WITNESSES. 

Common fame is a gobd ground for the House to proceed 
by inquiry, and even to accusation. Resolution House of Com¬ 
mons , 1 Car. 1 , 1625. Rush. L. Pari. 115. 1 Grey , 16 — 22, 
92. 8 Grey , 21, 23, 27, 45. 

Witnesses are not to be produced but where the House has 
previously instituted an inquiry, (2 Hats. 102,) nor then are 
orders for their attendance given blank. 3 Grey , 51. 

When any person is examined before a committee, or at 
the bar of the House, any member wishing to ask the person 
a question, must address it to the Speaker or chairman, who 
repeats the question to the person, or says to him, “you 
hear the question—answer it.” But if the propriety of the 
question be objected to, the Speaker directs the witness, coun¬ 
sel, and parties, to withdraw ; for no question can be moved 
or put, or debated, while they are there. 2 Hats. 108. Some¬ 
times the questions are previously settled in writing before 
the witness enters, lb. 106, 107. 8 Grey , 64. The questions 
asked must be entered in the journals. 3 Grey , 81. But the 
testimony given in answer before the House is never written 
down ; but before a committee, it must be, for the information 
of the House, who are not present to hear it. 7 Grey , 52, 334. 

If either house have occasion for the presence of a person 
in custody of the other, they ask the other their leave that he 
may be brought up to them in custody. 3 Hats. 52. 


70 


MANUAL. 


A member, in his place, gives information to the House oi 
what he knows of any matter under hearing at the bar. Jour . 
H. ofC., Jan . 22, 1744-’45. 

Either house may request, but not command, the attendance 
of a member of the other. They are to make the request by 
message to the other house, and to express clearly the pur¬ 
pose of attendance, that no improper subject of examination 
may be tendered to him. The House then gives leave to the 
member to attend, if he choose it; waiting first to know from 
the member himself whether he chooses to attend, till which 
they do not take the message into consideration. But when 
the peers are sitting as a court of criminal judicature, they 
may order attendance, unless where it be a case of impeach¬ 
ment by the Commons. There, it is to be a request. 3 Hats, 
17. 9 Grey , 306, 406. 10 Grey , 133. 

Counsel are to be heard only on private, not on public 
bills, and on such points of law only as the House shall direct. 
10 Grey , 61. 

SEC. XIV.-ARRANGEMENT OF BUSINESS. 

The Speaker is not precisely bound to any rules as to what 
bills or other matter shall be first taken up ; but is left to his 
own discretion, unless the House on a question decide to take 
up a particular subject. Hakew. 136. 

A settled order of business is, however, necessary for the 
government of the presiding person, and to restrain individual 
members from calling up favorite measures, or matters under 
their special patronage, out of their just turn. It is useful 
also for directing the discretion of the House, when they are 
moved to take up a particular matter, to the prejudice of 
others having priority of right to their attention in the general 
order of business. 

[In Senate, the bills and other papers which are in posses¬ 
sion of the house, and in a state to be acted on, are ar¬ 
ranged every morning, and brought on in the following 
order:] 


ARRANGEMENT OF BUSINESS; 


71 


[1. Bills ready for a second reading are read, that they may 
be referred to committees, and so be put under way. . But 
if, on their being read, no motion is made for commitment, 
they are then laid on the table in the general file, to be taken 
up in their just turn.] 

[2. After twelve o’clock, bills ready for it are put on their 
passage.] 

[3. Reports in possession of the house, which offer grounds 
for a bill, are to be taken up, that the bill may be ordered in.] 

[4. Bills, or other matters before the house, and unfinished 
on the preceding day, whether taken up in turn or on special 
order, are entitled to be resumed and passed on through their 
present stage.] 

[5. These matters being despatched, for preparing and 
expediting business, the general file of bills and other papers 
is then taken up, and each article of it is brought on accord¬ 
ing to its seniority, reckoned by the date of its first introduc¬ 
tion to the house. Reports on bills belong to the dates of 
their bills.] 

[The arrangement of the business of the Senate is now as 
follows : 

[1. Motions previously submitted.] 

[2. Reports of Committees previously made.] 

[3. Bills from the House of Representatives, and those in¬ 
troduced on leave, which have been read the first time, are 
read the second time; and if not referred to a committee, are 
considered in Committee of the Whole, and proceeded with 
as in other cases.] 

[4. After twelve o’clock, engrossed bills of the Senate, and 
bills of the House of Representatives, on third reading, are 
put on their passage.] 

[5. If the above are finished before one o’clock, the general 
file of bills, consisting of those reported from committees on 
the second reading, and those reported from committees after 
having been referred, are taken up in the order in which 
they were reported to the Senate by the respective commit¬ 
tees.] 


72 


MANUAL. 


[6. At one o’clock, if no business be pending, or if no 
motion be made to proceed to other business, the special 
orders are called, at the head of which stands the unfinished 
business of the preceding day.] 

[In this way we do not waste our time in debating what 
shall be taken up. We do one thing at a time; follow up a 
subject*while it is fresh, and till it is done with; clear the 
house of business gradatim as it is brought on, and prevent, 
to a certain degree, its immense accumulation towards the 
close of the session.] A 

[Arrangement, however, can only take hold of matters in 
possession of the house. New matter may be moved* at 
any time when no question is before the house. Such are 
original motions and reports on bills. Such are bills from 
the other house, which ar^ received at all times, and receive 
their first reading as soon as the question then before the 
house is disposed of; and bills brought in on leave, which 
are read first whenever presented. So messages from the 
other house respecting amendments to bills are taken up as 
soon as the house is clear of a question, unless they require 
to be printed, for better consideration. Orders of the day 
may be called for, even when another question is before the 
house.] 

SEC. XV.-ORDER. 

[Each house may determine the rules of its proceedings; 
punish its members for disorderly behaviour; and, with the 
concurrence of two-thirds, expel a member. Const. I. 5.] 

In Parliament, “instances make order,” per Speaker Ons¬ 
low. 2 Hats. 141. But what is done only by one Parliament, 
cannot be called custom of Parliament; by Prynne. 1 Grey , 52. 

SEC. XVI.-ORDER RESPECTING PAPERS. 

The clerk is to let no journals, records, accounts, or papers, 
be taken from the table or out of his custody. 2 Hats. 193, 
194. 


ORDER IN DEBATE. 


73 


Mr. Prynne having at a committee of the whole amended 
a mistake in a bill without order or knowledge of the com¬ 
mittee, was reprimanded. 1 Chand. 77. 

A bill being missing, the House resolved that a protestation 
should be made and subscribed by the members “ before Al¬ 
mighty God, and this honorable House, that neither myself 
nor any other to my knowledge, have taken away, or do at 
this present conceal a bill entitled,” &c. 5 Grey , 20*2. 

After a bill is engrossed, it is put into the Speaker’s hands, 
and he is not to let any one have it to look into. Town, col . 
209. 

SEC. XVII.-ORDER IN DEBATE. 

When the Speaker is seated in his chair, every member is 
to sit in his place. Scob. 6. Grey, 403. 

When any member means to speak, he is to stand up in his 
place, uncovered, and to address himself, not to the House, or 
any particular member, but to the Speaker, who calls him by 
his name, that the House may take notice who it is that speaks. 
Scob. 6. HEwcs, 487, col. 1. 2 Hats. 77. 4 Grey , 66. S Grey, 
108. But members who are indisposed may be indulged to 
speak sitting. 2 Hats. 75, 77. 1 Grey, 195. 

[In Senate, every member, when he speaks, shall address 
the chair standing in his place, and when he has finished shall 
sit down. Rale 3.] 

When a member stands up to speak, no question is to be 
put, but he is to be heard, unless the House overrule him. 
4 Grey, 390. 5 Grey, 6, 143. 

If two or more rise to speak nearly together, the Speaker 
determines who was first up, and calls him by name; where¬ 
upon he proceeds, unless he voluntarily sits down and gives 
way to the other. But sometimes the House does not acqui¬ 
esce in the Speaker’s decision, in which case the question is 
put, “which member was first up?” 2 Hats. 76. Scob. 7. 
D'Ewes, 434. col. 1 , 2. 

[In the Senate of the United States, the President’s decision 


74 


MANUAL. 


is without appeal. Their rule is in these words: when two 
members rise at the same time, the President shall name the person 
to speak; but in all cases the member who shall first rise and 
address the Chair, shall speak first. Rule 5.] 

No man may speak more than once to the same bill on 
the same day; or even on another day, if the debate be 
adjourned. But if it be read more than once in the same 
day, he may speak once at every reading. Co ., 12, 115 ; 
Hahew ., 148; Scob ., 58; 2 Hats ., 75. Even a change of 
opinion does not give a right to be heard a second time. 
Smyth Comw ., L. 2, c. 3; Arcan Pari., 17. 

[The corresponding rule of Senate is in these words: No 
member shall speak more than twice, in any one debate, on 
the same day, without leave of the Senate. Rule 4.] 

But he may be permitted to speak again to clear a matter 
of fact, 3 Grey , 357, 416; or merely to explain himself (2 
Hats., 73) in some material part of his speech, ib., 75; or 
to the manner or words of the question, keeping himself to 
that only, and not travelling into the merits of it, Memorials 
in Hakew., 29; or to the orders of the House, if they be 
transgressed, keeping within that line, and not falling into 
the matter itself, Mem. Hakew., 30, 31. 

But if the Speaker rise to speak, the member standing up 
ought to sit down, that he may be first heard. Town., col . 
205; Hale Pari., 133; Mem. in Hakew., 30, 31. Neverthe¬ 
less, though the Speaker may of right speak to matters of 
order, and be first heard, he is restrained from speaking on 
any other subject, except where the House have occasion for 
facts within his knowledge; then he may, with their leave, 
state the matter of fact. 3 Grey, 38. 

No one is to speak impertinently or beside the question, 
superfluously or tediously. Scob., 31, 33; 2 Hats., 166, 168; 
Hale Pari., 133. 

No person is to use indecent language against the proceed¬ 
ings of the House; no prior determination of which is to be 
reflected on by any member, unless he means to conclude 


ORDER IN DEBATE. 


75 


with a motion to rescind it. 2 Hats., 169, 170 ; Rushw ., 
P* 3, v. 1, fiol. 42. But while a proposition under considera¬ 
tion is still in fieri , though it has even been reported by a 
committee, reflections on it are no reflections on the House. 
9 Grey , 508. 

No person, in speaking, is to mention a member then pres¬ 
ent by his name, but to describe him by his seat in the House, 
or who spoke last, or on the other side of the question, &c., 
Mem. in Hakew ., 3; Smyth’s Comw., L. 2, c. 3; nor to digress 
from the matter to fall upon the person (Scob. 31; Hale Pari., 
133; 2 Hats., 166) by speaking reviling, nipping, or unman¬ 
nerly words against a particular member, Smyth Comw., L . 
2, c. 3. The consequences of a measure may be reprobated 
in strong terms; but to arraign the motives of those who 
propose to advocate it, is a personality, and against order. 
Qui digreditur a materia ad personam, Mr. Speaker ought to 
suppress. Ord. Com., 1604, Apr. 19. 

[When a member shall be called to order by the President 
or a Senator, he shall sit down; and every question of order 
shall be decided by the President, without debate, subject to 
an appeal to the Senate; and the President may call for the 
sense of the Senate on any question of order. Rule 6.] 

[No member shall speak to another or otherwise interrupt 
the business of the Senate, or read any printed paper while 
the journals or public papers are reading, or when any mem¬ 
ber is speaking in any debate. Rule 2.] 

No one is to disturb another in his speech by hissing, cough¬ 
ing, spitting, (6 Grey, 332 ; Scob., 8; D’Ewes, 332 col. 1, 640 
col. 2,) speaking or whispering to another, (Scob., 6; D’Ewes, 
487 col. 1;) nor to stand up or interrupt him, (Town., col. 205; 
Mem. in Hakew., 31;) nor to pass between the Speaker and 
the speaking member, nor to go across the House, (Scob., 6,) 
or to walk up and down it, or to take books or papers from 
the table, or write there, (2 Hats., 171.) 

Nevertheless, if a member finds that it is not the inclina¬ 
tion of the House to hear him, and that by conversation or 


76 


MANUAL. 


any other noise they endeavor to drown his voice, it is his 
most prudent way to submit to the pleasure of the House, 
and sit down; for it scarcely ever happens that they are 
guilty of this piece of ill manners without sufficient reason, 
or inattentive to a member who says any thing worth their 
hearing. 2 Hats., 77, 78. 

If repeated calls do not produce order, the Speaker may 
call by his name any member obstinately persisting in 
irregularity; whereupon the House may require the member 
to withdraw. He is then to be heard in exculpation, and to 
withdraw. Then the Speaker states the offence committed; 
and the House considers the degree of punishment they will 
inflict. 2 Hats., 167, 7, 8, 172. 

For instances of assaults and affrays in the House of Com¬ 
mons, and the proceedings thereon, see 1 Pet. Misc., 82; 3 
Grey, 128; 4 Grey , 328 ; 5 Grey , 382; 6 Grey, 254; 10 Grey, 8. 
Whenever warm words or an assault have passed between 
members, the House, for the protection of their members, 
requires them to declare in their places not to prosecute any 
quarrel, (3 Grey, 128, 293; 5 Grey, 289;) or orders them to 
attend the Speaker, who is to accommodate their differences, 
and report to the House, (3 Grey, 419;) and they are put 
under restraint if they refuse, or until they do, (9 Grey, 234, 
312.) 

Disorderly words are not to be noticed till the member has 
finished his speech. 5 Grey,. 356; 6 Grey, 60. Then the per¬ 
son objecting to them, and desiring them to be taken down 
by the clerk at the table, must repeat them. The Speaker 
then may direct the clerk to take them down in his minutes; 
but if he thinks them not disorderly, he delays the direction. 
If the call becomes pretty general, he orders the clerk to 
take them down, as stated by the objecting'member. They 
are then part of his minutes; and when read to the offending 
member, he may deny they were his words, and the House 
must then decide by a question whether they are his words 
or not. Then the member may justify them, or explain the 


ORDER IN DEBATE. 


77 


sense in which he used them, or apologize. If the House 
is satisfied, no further proceeding is necessary. But if two 
members still insist to take the sense of the House, the mem¬ 
ber must withdraw before that question is stated, and then 
the sense of the House is to be taken. 2 Hats., 199; 4 Grey, 
170; 6 Grey, 59. When any member has spoken, or other 
business intervened, after offensive words spoken, they cannot 
be taken notice of for censure. And this is for the common 
security of all, and to prevent mistakes which must happen 
if words are not taken down immediately. Formerly they 
might be taken down at any time the same day-* 2 Hats., 
196 ; Mem. in Hakcw., 71; 3 Grey, 48; 9 Grey, 514. 

Disorderly words spoken in a committee must be written 
down as in the House; but the committee can only report 
them to the House for animadversion. 6 Grey, 46. 

[The rule of the Senate says: If the member be called to 
order by a Senator for words spoken, the exceptionable words 
shall immediately be taken down in writing, that the President 
may be better enabled to judge of the matter. Rule 7.] 

In Parliament, to speak irreverently or seditiously against 
the King is against order. Smyth's Comw., L. 2, c. 3; 2 
Hats., 170. 

It is a breach of order in debate to notice what has been 
said on the same subject in the other house, or the particular 
votes or majorities on it there; because the opinion of each 
house should be left to its own independency, not to be in¬ 
fluenced by the proceedings of the other; and the quoting 
them might beget reflections leading to a misunderstanding 
between the two houses. 8 Grey, 22. 

Neither house can exercise any authority over a member or 
officer of the other, but should complain to the house of which 
he is, and leave the punishment to them. Where the complaint 
is of words disrespectfully spoken by a member of another 
house, it is difficult to obtain punishment, because of the rules 
supposed necessary to be observed (as to the immediate noting 
down of words) for the security of members. Therefore it is 


78 


MANUAL. 


the duty of the House, and more particularly of the Speaker, 
to interfere immediately, and not to permit expressions to go 
unnoticed which may give a ground of complaint to the other 
house, and introduce proceedings and mutual accusations be¬ 
tween the two houses, which can hardly be terminated with¬ 
out difficulty and disorder. 3 Hats., 51. 

No member may be present when a bill or any business 
concerning himself is debating; nor is any member to speak 
to the merits of it till he withdraws. 2 Hats., 219. The rule 
is, that if a charge against a member arise out of a report of 
a committpe, or examination of witnesses in the House, as 
the member knows from that to what points he is to direct 
his exculpation, he may be heard to those points before any 
question is moved or stated against him. He is then to be 
heard, and withdraw before any question is moved. But if 
the question itself is the charge, as for breach of order, or 
matter arising in the debate, then the charge must be stated, 
(that is, the question must be moved,) himself heard, and 
then to withdraw. 2 Hats., 121, 122. 

Where the private interests of a member are concerned in 
a bill or question, he is to withdraw. And where such an 
interest has appeared, his voice has been disallowed, even 
after a division. In a case so contrary, not only to the laws 
of decency, but to the fundamental principle of the social 
compact, which denies to any man to be a judge in his own 
cause, it is for the honor of the House that this rule, of im¬ 
memorial observance, should be strictly adhered to. 2 Hats., 
119, 121; 6 Grey, 368. 

No member is to come into the House with his head 
covered, nor to remove from one place to another with his 
hat on, nor is to put on his hat in coming in, or removing, 
until he be set down in his place. Scab., 6. 

A question of order may be adjourned to give time to look 
into precedents. 2 Hats., 118. 

In Parliament, all decisions of the Speaker may be con¬ 
trolled by the House. 3 Grey, 319. 


ORDERS OF THE HOUSE. 


79 


SEC. XVIII.-ORDERS OF THE HOUSE. 

Of right, the door of the House ought not to be shut, but 
to be kept .by porters, or sergeants-at-arms, assigned for that 
purpose. Mod. ten. Pari., 23. 

[By the rules of the Senate, on motion made and seconded 
to shut the doors of the Senate on the discussion of any 
business which may, in the opinion of a member, require 
secrecy, the President shall direct the gallery to be cleared; 
and during the discussion of such motion the doors shall 
remain shut. Rule 18.] 

[No motion shall* be deemed in order to admit any person 
or persons whatever within the doors of the Senate chamber 
to present any petition, memorial, or address, or to hear any 
such read. Rule 19.] 

The only case where a member has a right to insist on any 
thing, is where he calls for the execution of a subsisting order 
of the House. Here, there having been already a resolution, 
any person has a right to insist that the Speaker, or any other 
whose duty it is, shall carry it into execution; and no debate 
. or delay can be had on it. Thus any member has a right to 
have the House or gallery cleared of strangers, an order 
existing for that purpose; or to have the House told when 
there is not a quorum present. 2 Hats., 87, 129. How far 
an order of the House is binding, see HaJcew., 392. 

But where an order is made that any particular matter be 
taken up on a particular day, there a question is to be put, 
when it is called for, whether the House w T ill now proceed to 
that matter? Where orders of the day are on important or 
interesting matter, they ought not to be proceeded on till an 
hour at which the House is usually full, [ which in Senate is 
at noon.'] 

Orders of the day may be discharged at any time, and a 
new one made for a different day. 3 Grey, 48, 313. 

When a session is drawing to a close, and the important 
bills are all brought in, the House, in order to prevent inter- 


80 


MANUAL. 


ruption by further unimportant bills, sometimes come to a 
resolution that no new bill be brought in, except it be sent 
from the other house. 3 Grey , 156. 

All orders of the House determine with the session; and 
one taken under such an order ma} r , after the session is 
ended, be discharged on a habeas corpus. Raym., 120; 
Jacob's L. D. by Ruff head; Parliament , 1 Lev ., 165, (Pritch¬ 
ard's case.) 

[Where the Constitution authorizes each house to deter¬ 
mine the rules of its proceedings, it must mean in those cases 
(legislative, executive, or judiciary) submitted to them by the 
Constitution, or in something relating to these, and necessary 
towards their execution. But orders and resolutions are some¬ 
times entered in the journals, having no relation to these, such 
as acceptances of invitations to attend orations, to take part 
in processions, &c. These must be understood to be merely 
conventional among those who are willing to participate in 
the ceremony, and are therefore, perhaps, improperly placed 
among the records of the House.] 

SEC. XIX.-PETITIONS. 

A petition prays something. A remonstrance has no prayer. 
1 Grey, 58. 

Petitions must be subscribed by the petitioners, ( Scob ., 87; 
L. Pari., c. 22; 9 Grey, 362,) unless they are attending, (1 
Grey , 401,) or unable to sign, and averred by a member, (3 
Grey, 418.) But a petition not subscribed, but which the 
member presenting it affirmed to be all in the handwriting of 
the petitioner, and his name written in the beginning, was on 
the question (Mar. 14, 1800) received by the Senate. The 
averment of a member, or of somebody without doors, that 
they know the handwriting of the petitioners, is necessary, 
if it be questioned. 6 Grey, 36. It must be presented by a 
member—not by the petitioners, and must be opened by him, 
holding it in his hand. 10 Grey, 57. 


MOTIONS. 


81 


[Before any petition or memorial addressed to the Senate 
shall be received and read at the table, whether the same 
shall be introduced by the President or a member, a brief 
statement of the contents of the petition or memorial shall 
verbally be made by the introducer. Rule 24.] 

Regularly a motion for receiving it must be made and 
seconded, and a question put, whether it shall be received? 
but a cry from the House of “received,” or even its silence, 
dispenses with the formality of this question. It is then to 
be read at the table and disposed of. 

SEC. XX.-MOTIONS. 

When a motion has been made, it is not to be put to. the 
question or debated until it is seconded. Scob., 21. 

[The Senate say, No motion shall be debated until the 
same shall be seconded. Rule 9.] 

It is then, and not till then, in possession of the House, and 
cannot be withdrawn but by leave of the House. It is to be 
put into writing, if the House or Speaker require it, and must 
be read to the House by the Speaker as often as any member 
desires it for his information. 2 Hats., 82. 

[The rule of the Senate is, When a motion shall be made 
and seconded, it shall be reduced to writing, if desired by 
the President or any member, delivered in at the table, and 
read by the President, before the same shall be debated. 
Rule 19.] • 

It might be asked whether a motion for adjournment or for 
the orders of the day can be made by one member while 
another is speaking? It cannot. When two members offer 
to speak, he who rose first is to be heard, and it is a breach 
of order in another to interrupt him, unless by calling him 

t 

to order if he departs from it. And the question of order 
being decided, he is still to be heard through. A call for 
adjournment, or for the order of the day, or for the question, 
by gentlemen from their seats, is not a motion. No motion 
can be made without rising and addressing the Chair. Such 
6 


82 


MANUAL. 


calls are themselves breaches of order, which, though the 
member who has risen may respect, as an expression of 
impatience of the House against further debate; yet, if he 
chooses, he has a right to go on. 

SEC. XXI.-RESOLUTIONS. 

• 

When the House commands, it is by an “order.” But 
fact, principles, and their own opinions and purposes, are 
expressed in the form of resolutions. 

[A resolution for an allowance of money to the clerks being 
moved, it was objected to as not in order, and so ruled by the 
Chair; but on an appeal to the Senate, (i. e. a call for their 
sense by the President, on account of doubt in his mind, 
according to Rule 16,) the decision was overruled. Jour. Sen.. 
June 1, 1796. I presume the doubt was, whether an allow¬ 
ance of money could be made otherwise than by bill.] 

SEC. XXII.-BILLS. 

[Every bill shall receive three readings previous to its 
being passed; and the President shall give notice at each 
whether it be first, second, or .third; which readings shall be 
on three different days, unles the Senate unanimously direct 
otherwise. Rule 26.] 

% 

SEC. XXIII.-BILLS, LEAVE TO BRING IN. 

[One day’s notice, at least, shall be given of an intended 
motion for leave to bring in a bill. Rule 25.] 

When a member desires to bring in a bill on any subject, 
he states to the House in general terms the causes for doing 
it, and concludes by moving for leave to bring in a bill en¬ 
titled, &c. Leave being given, on the question, a committee 
is appointed to prepare and bring in the bill. The mover 
and seconder are always appointed of this committee, and 
one or more in addition. Hakew ., 132; Scob ., 40. 

It is to be presented fairly written, without any erasure or 
interlineation, or the Speaker may refuse it. Scob., 41; 1 
Grey , 82, 84. 


/ 


BILLS. 


S3 


SiC. XXIV.-BILLS, FIRST READING. 

. £ 

When a bill is first presented, the Clerk reads it at the table, 
and hands it to the Speaker, who, rising, states to the House 
the title of the bill; that this is the first time of reading it; and 
the question will be, whether it shall be read a second time? 
then sitting down, to give an opening for objections. If none 
be made, he rises again, and puts the question, whether it 
shall be read a second time? Hakcw ., 137, 141. A bill 
cannot be amended on the first reading, (6 Grey , 286;) nor 
is it usual for it to be opposed then, but it may be done, and 
rejected. D'Ewes, 335, col. 1; 3 Hats., 198. 

SEC. XXV.-BILLS, SECOND READING. 

The second reading must regularly be on another day. 
Hakew., 143. It is done by the Clerk at the .table, who then 
hands it to the Speaker. The Speaker, rising, states to the 
House the title of the bill; that this is the second time of 
reading it; and that the question will be, whether it shall be 
committed or engrossed and read a third time? But if the 
bill came from the other house, as it always comes engrossed, 
he states that the question will be, whether it shall be read 
a third time? and before he has so reported the state of the 
bill, no one is to speak to it. Hakew ., 143, 146. 

[In the Senate of the United States, the President reports 
the title of the bill; that this is the second time of reading it; 
that it is now to be considered as in a Committee of the Whole ; 
and the question will be, whether it shall be read a third time?, 
or that it may be referred to a special committee?] 

SEC. XXVI.-BILLS, COMMITMENT. 

If on motion and question it be decided that the bill shall 
be committed, it may then be moved to be referred to a Comr 
mittee of the Whole House, or to a special committee. If the 
latter, the Speaker proceeds to name the committee. Any 


84 


MANUAL. 


member also may name a single person, and the Clerk is to 
write him down as of the committee. But the-House have a 
controlling power over the names and number, if a question 
be moved against any one; and may in any case put in and 
put out whom they please. 

Those who take exceptions to some particulars in the bill 
are to be of the committee, but none who speak directly 
against the body of the bill; for he that would totally de¬ 
stroy will not amend it, ( Hakew ., 146 ; Town., col . 20S ; 
D'Ewes , 634, col. 2 ; Scob., 47;) or, as it is said, (5 Grey, 
145,) the child is not to be put to a nurse that cares not for 
it, (6 Grey, 373.) It is therefore a constant rule “that no 
man is to be employed in any matter who has declared him¬ 
self against it.” And when any member who is against the 
bill hears himself named of its committee, he ought to ask to 
be excused. Thus (March 7, 1606) Mr. Hadley was, on the 
question being put, excused from being of a committee, 
declaring himself to be against the matter itself. Scob., 46. 

[No bill shall be committed or amended until it shall have 
Been twice read; after which it may be referred to a com¬ 
mittee. Rule 27.] 

[In the appointment of the standing committees, the Senate 
will proceed, by ballot, severally-to appoint the chairman of 
each committee; and then, by one ballot, the other members 
necessary to complete the same ; and a majority of the whole 
number of votes given shall be necessary to the choice of a 
chairman of a standing committee. All other committees 
shall be appointed by ballot, and a plurality of votes shall 
make a choice. When any subject or matter shall have 
been referred to a committee, any other subject or matter 
of a similar nature may, on motion, be referred to such 
committee. Rule 34.] 

The‘Clerk may deliver the bill to any member of the com¬ 
mittee, {Town., col. 138;) but it is usual to deliver it to him 
who is first named. 

In some cases the House has ordered a committee to with- 


BILLS. 


85 


draw immediately into the committee chamber, and act on 
and bring back the bill, sitting the House. Scob ., 48. A 
committee meet when and where they please, if the House 
has not ordered time and place for them, (6 Grey , 370 ;) but 
they can only act when together, and not by separate con¬ 
sultation and consent—nothing being the report of the com¬ 
mittee but what has been agreed to in committee actually 
assembled. 

A majority of the committee constitutes a quorum for busi¬ 
ness. Elsynge's Method of Passing Bills, 11. 

Any member of the House may be present at any select 
committee, but cannot vote, and must give place to all of the 
committee, and sit below them. Elsynge, 12; Scob., 49. 

The committee have full power over the bill or other papen 
committed to them, except that they cannot change the title 
or subject. 8 Grey, 228. 

The paper before a committee, whether select or of the 
whole, may be a bill, resolutions, draught of an address, &c., 
and it may either originate with them or be referred to them. 
In every case the whole paper is read first by the Clerk, and 
then by the chairman, by paragraphs, (Scob., 49,) pausing at 
the end of each paragraph, and putting questions for amend¬ 
ing, if proposed. Tn the case of resolutions on distinct sub¬ 
jects, originating with themselves, a question is put on each 
separately, as amended or unamended, and no final question 
on the whole, (3 Hats., 276 ;) but if they relate to the same 
subject, a question is put on the whole. If it be a bill, 
draught of an address, or other paper originating with them, 
they proceed by paragraphs, putting questions for amending 
either by insertion or striking out, if proposed; but no ques¬ 
tion on agreeing to the paragraphs separately: this is re¬ 
served to the close, when a question is put on the whole for 
agreeing to it as amended or unamended. But if it be a 
paper referred to them, they proceed to put questions of 
amendment, if proposed, but no final question on the whote, 
because all parts of the paper, having been adopted by the 


86 


MANUAL. 


House, stand, of course, unless altered or struck out by a 
vote. Even if they are opposed to the whole paper, and 
think it cannot be made good by amendments, they cannot 
reject it, but must report it back to .the House without 
amendments, and there make their opposition. 

The natural order in considering and amending any paper 
is, to begin at the beginning, and proceed through it by para¬ 
graphs; and this order is so strictly adhered to in Parliament, 
that when a latter part has been amended, you cannot recur 
back and make any alteration in a former part. 2 Hats ., 90. 
In numerous assemblies this restraint is doubtless important.* 
[But in the Senate of the United States, though in the main 
we consider and amend the paragraphs in their natural order, 
yet recurrences are indulged; and they seem, on the whole, 
in that small body, to produce advantages overweighing their 
inconveniences.] 

To this natural order of beginning at the beginning, there 
is a single exception found in parliamentary usage. When 
a bill is taken up in committee, or on its second reading, 
they postpone the preamble till the other parts of the bill 
are gone through. The reason is, that on consideration of 
the body of the bill, such alterations may therein be made as 
may also occasion the alteration of the preamble. Scob., 50; 
7 Grey , 431. 

On this head the following case occurred in the Senate, 
March 6, 1800: A resolution which had no preamble having 
been already amended by the House so that a few words 
only of the original remained in it, a motion was made to 
prefix a preamble, which having an aspect very different 
from the resolution, the mover intimated that he should after¬ 
wards propose a correspondent amendment in the body of 
the resolution. It was objected that a preamble could not 
be taken up till the body of the resolution is done with; but 
the preamble was received, because we are in fact through 
the body of the resolution: we have amended that as far as 
amendments have been offered, and, indeed, till little of the 


BILLS. 


87 


original is left. It is the proper time, therefore, to consider 
a preamble ; and whether the one offered be consistent with 
the resolution is for the House to determine. The mover, 
indeed, has intimated that he shall offer a subsequent propo¬ 
sition for the body of the resolution; but the House is not in 
possession of it; it remains in his breast, and may be with¬ 
held. The rules of the House can only operate on what 
is before them. [The practice of the Senate, too, allows 
recurrences backwards and forwards for the purposes of 
amendment, not permitting amendments in a subsequent to 
preclude those in a prior part, or e converso.~\ 

When the committee is through the whole, a member 
. moves that the committee may rise, and the chairman report 
the paper to the House, with or without amendments, as the 
case may be. 2 Hats ., 289, 292; Scab ., 53 ; 2 Hats ., 290 ; 
8 Scob., 50. 

When a vote is once passed in a committee, it cannot be 
altered but by the House, their votes being binding on them- 
selves. 1607, June 4. 

The committee may not erase, interline, or blot the bill 
itself; but must, in a paper by itself, set down the amend¬ 
ments, stating the words which are to be inserted or omitted, 
(Scob., 50,) and where, by references to the page, line, and 
word of the bill. Scob., 50. 

SEC. XXVII.-REPORT OF COMMITTEE. 

The chairman of the committee, standing in his place, 
informs the House that the committee, to whom was referred 
such a bill, have, according to order, had the same under 
consideration, and have directed him to report the same 
without any amendment, or with-sundry amendments, (as 
the case may be,) which he is ready to do when the House 
pleases to receive it. And he or any other may move that 
it be now received; but the cry of “now, now,” from the 
House, generally dispenses with the formality of a motion 


88 


MANUAL. 


and question. He then reads the amendments, with the 
coherence in the bill, and opens the alterations and the 
reasons of the committee for such amendments, until he has 
gone through the whole. He then delivers it at the Clerk’s 
table, where the amendments reported are read by the Clerk 
without the coherence; whereupon the papers lie upon the 
table till the House, at its convenience, shall take up the 
report. Scob ., 52 ; Hakew., 14S. 

The report being made, the committee is dissolved, and 
can act no more without a new power. Scob ., 51. But it 
may be revived by a vote, and the same matter recommitted 
to them. 4 Grey , 3G1. 

SEC. XXVIII.-BILL, RECOMMITMENT. 

After a bill has been committed and reported, it ought not, 
in an ordinary course, to be recommitted; but in cases of 
importance, and for special reasons, it is sometimes recom¬ 
mitted, and usually to the same committee. Hakew ., 151. 
If a report be recommitted before agreed to in the House, 
what has passed in committee is of no validity; the whole 
question is again before the committee, and a new resolution 
must be again moved, as if nothing had passed. 3 Hats., 
131 — note. 

In Senate, January, 1S00, the salvage bill was recommitted 
three times after the commitment. 

A particular clause of a bill may be committed without the 
whole bill, (3 Hats., 131;) or so much of a paper to one and 
so much to another committee. 

» 

SEC. XXIX.-BILL, REPORT TAKEN UP. 

• 

When the report of a paper originating with a committee 
is taken up by the House, they proceed exactly as in com¬ 
mittee. Here, as in committee, when the paragraphs have, 
on distinct questions, been agreed to seriatim, (5 Grey, 366; 
6 Grey, 368; 8 Grey, 47, 104, 360; 1 Tor buck's Deb., 125; 


BILLS-QUASI-COMMITTEE. 


89 


3 Hats., 348,) no question needs be put on the whole report. 
5 Grey, 381. 

On taking up a bill reported with amendments, the amend¬ 
ments only are read by the Clerk. The Speaker then reads 
the first, and puts it to the question, and so on till the whole 
are adopted or rejected, before any other amendment be 
admitted, except it be an amendment to an amendment. 
Elsynge’s Mem., 53. When through the amendments of the 
committee, the Speaker pauses, and gives time for amend¬ 
ments to be proposed in the House to the body of the bill, 
as he does also if it has been reported without amendments, 
putting no questions but on amendments proposed; and when 
through the whole, he puts the question whether the bill 
shall be read a third time? 

SEC. XXX.-QUASI-COMMITTEE. 

If on motion and question the bill be not committed, or if 
no proposition for commitment be made, then the proceed¬ 
ings in the Senate of the United States and in Parliament 
are totally different. The former shall be first stated. 

[The 2Sth rule of the Senate says: ‘ All bills on a second 
reading shall first be considered by the Senate in the same 
manner as if the Senate were in Committee of the Whole be¬ 
fore they shall be taken up and proceeded on by the Senate 
agreeably to the standing rules, unless otherwise ordered;” 
(that is to say, unless ordered to be referred to a special com¬ 
mittee.) And when the Senate shall consider a treaty, bill, or 
resolution, as in Committee of the Whole, the Vice President 
or President pro tempore may call a member to fill the chair 
during the time the Senate shall remain in Committee of the 
Whole; and the chairman (so called) shall, during such time, 
have the powers of a President pro tempore.'] 

[The proceeding of the Senate as in a Committee of the 
Whole, or in Quasi-Committee, is precisely as in a real Com¬ 
mittee of the Whole, taking no questions but on amendments. 


90 


MANUAL. 


When through the Whole, they consider the Quasi-Commit¬ 
tee as risen, the House resumed without any motion, ques¬ 
tion, or resolution to that effect, and the President reports that 
“the House, acting as in a Committee of the Whole, have 
had under their consideration the bill entitled, &c., and have 
made sundry amendments, which he will now report to the 
House.” The bill is then before them, as it would have been 
if reported from a committee, and questions are regularly to 
be put again on every amendment; which being gone through, 
the President pauses to give time to the House to propose 
amendments to the body of the bill, and, when through, puts 
the question whether it shall be read a third time?] 

[After progress in amending a bill in Quasi-Committee, a 
motion may be made to refer it to a special committee. If 
the motion prevails, it is equivalent in effect to the several 
votes that the committee rise, the House resume itself, dis¬ 
charge the Committee of the Whole, and refer the bill to a 
special committee. In that case, the amendments already 
made ‘fall. But if the motion fails, the Quasi-Committee 
stands in statu quo .] 

[How far does this 2Sth rule subject the House, when in 
Quasi-Committee, to the laws which regulate the proceed¬ 
ings of Committees of the Whole?] The particulars in 
which these differ from proceedings in the House are the 
following: 1. In a committee every member may speak as 
often as he pleases. 2. The votes of a committee may be 
rejected or altered when reported to the House. 3. A com¬ 
mittee, even of the Whole, cannot refer any matter to another 
committee. 4. In a committee no previous question can be 
taken: the only means to avoid an improper discussion is to 
move that the committee rise ; and if it be apprehended that 
the same discussion will be attempted on returning into com¬ 
mittee, the House can discharge them, and proceed itself on 
the business, keeping down the improper discussion by the 
previous question. 5. A committee cannot punish a breach 
of order in the House or in the gallery. 9 Grey, 113. It can 


BILLS-SECOND READING. 


91 


only rise and report it to the House, who may proceed to 
punish. [The first and second of these peculiarities attach 
to the Quasi-Committee of the Senate, as every day’s prac¬ 
tice proves, and seem to be the only ones to which the 28th 
rule meant to subject them; for it continues to be a house, 
and therefore, though it acts in some respects as a committee, 
in others it preserves its character as a house. Thus (3) it 
is in the daily habit of referring its business to a special com¬ 
mittee. 4. It admits of the previous question. If it did not, 
it would have no means of preventing an improper discussion, 
not being able, as a committee is, to avoid it by returning into 
the house, for the momeat it would resume the same sub¬ 
ject there, the 28th rule declares it again a Quasi-Committee. 
5. It would doubtless exercise its powders as a house on any 
breach of order. 6. It takes a question by yea and nay, 
as the House does. 7. It receives messages from the Presi¬ 
dent and the other house.- 8. In the midst of a debate it 
receives a motion to adjourn, and adjourns as a house, not 
as a committee.] 


SEC. XXXI.-BILL, SECOND READING IN TIIK HOUSE. 

In Parliament, after the bill has been read a second time, 
if on the motion and question it be not committed, or if no 
proposition for commitment be made, the Speaker reads it by 
paragraphs, pausing between each, but putting no question 
but on amendments proposed; and when through the whole, 
he puts the question whether it shall be read a third time? if 
it came from the other house; or, if originating with them¬ 
selves, whether it shall be engrossed and read a third time? 
The Speaker reads sitting, but rises to put questions. The 
Clerk stands while he reads. 

[*But the Senate of the United States is so much in the 

* The former practice of the Senate referred to in this paragraph has been 
changed by the following rule: 

[The final question upon the second reading of every bill, resolution, constitu¬ 
tional amendment or motion, originating in the Senate, and requiring three 


92 


MANUAL. 


habit of making many and material amendments at the third 
reading, that it has become the practice not to engross a bill 
till it has passed—an irregular and dangerous practice, be¬ 
cause in this way the paper which passes the Senate is not 
that which goes to the other house, and that which goes to 
the other house as the act 'of the Senate has never been 
seen in Senate. In reducing numerous, difficult, and illegible 
amendments into the text, the Secretary may, with the most 
innocent intentions, commit errors which can never again be 
corrected.] 

The bill being now as perfect as its friends can make it, 
this is the proper stage for those fundamentally opposed to 
make their first attack. All attempts at earlier periods are 
with disjointed efforts, because many who do not expect to 
be in favor of the bill ultimately are willing to let it go on to 
its perfect state, to take time to examine it themselves and 
to hear what can be said for it, knowing that after all they 
will have sufficient opportunities of giving it their veto. Its 
last two stages, therefore, are reserved for* this—that is to 
say, on the question whether it shall be engrossed and read 
a third time? and, lastly, whether it shall pass? The first 
of these is usually the most interesting contest, because then 
the whole subject is new and engaging; and the minds of the 
members having not yet been declared by any trying vote, 
the issue is the more doubtful. In this stage, therefore, is 
the main trial of strength between its friends and opponents; 
and it behooves every one to make up his mind decisively 

readings previous to being passed, shall be, “ Whether it shall be engrossed and 
read a third time ? ” and no amendment shall be received for discussion at the 
third reading of any bill, resolution, amendment, or motion, unless by unanimous 
consent of the members present; but it shall at all times be in order before the 
final passage of any such bill, resolution, constitutional amendment, or motion, 
to move its commitment; and should such commitment take place, and any 
amendment be reported by the committee, the said bill, resolution, constitu¬ 
tional amendment, or motion, shall be again read a second time, and considered 
as in Committee of the Whole, and then the aforesaid question shall be again 
put. Rule 29.] 


READING PAPERS. 


93 


for this question, or he loses the main battle; and accident and 
management may and often do prevent a successful rallying 
on the next and last question, whether it shall pass? 

When the bill is engrossed, the title is to be endorsed on 
the back, and not within the bill. Hakew ., 250. 

SEC. XXXII.-READING PARERS. 

Where papers are laid before the House or referred to a 
committee, every member has a right to have them once 
read at the table before he can be compelled to vote on 
them ; but it is a great though common error to suppose that 
he has a right, toties q'uoties, to have acts, journals, accounts, 
or papers on the table, read independently of the will of the 
Hou se. The delay and interruption which this might be 
made to produce evince the impossibility of the existence of 
such a right. There is, indeed, so manifest a propriety of 
permitting every member to have as much information as 
possible on every question on which he is to vote, that when 
he desires the reading, if it be seen that it is really for in¬ 
formation and not for delay, the Speaker directs it to be read 
without putting a question, if no one objects ; but if objected 
to, a question must be put. 2 Hats.., 117, 11S. 

It is equally an error to suppose that any member has a 
right, without a question put, to lay a book or paper on the 
table, or have it read, on suggesting that it contains matter 
infringing on the privileges of the House. Ib. 

For the same reason, a member has not a right to read a 
paper in his place, if it be objected to, without leave of the 
House. But this rigor is never exercised but where there is . 
an intentional or gross abuse of the time and patience of the 
House. 

A member has not a right even to read his own speech, 
committed to writing, without leave. This also is to prevent 
an abuse of time, and therefore is not refused but where that 
is intended. 2 Grey, 227. 


94 


MANUAL. 


A report of a committee of the Senate on a bill from the 
House of Representatives being under consideration, on mo¬ 
tion that the report of the committee of the House of Repre¬ 
sentatives on the same bill be read in Senate, it passed in 
the negative. Feb. 28, 1793. 

Formerly, when papers were referred to a committee, 
they used to be first read ; but of late only the titles, unless 
a member insists they shall be read, and then nobody can 
oppose it. 2 Hats., 117. 

SEC. XXXIII.-PRIVILEGED QUESTIONS. 

[# While a question is before the Senate, no motion shall 
be received, unless for an amendment, for the previous ques¬ 
tion, or for postponing the main question, or to commit it, or 
to adjourn. Rule S.] 

It is no possession of a bill unless it be delivered to the 
Clerk to be read, or the Speaker reads the title. Lex. Pari., 
274; Eisynge Mem., 85; Ord. House of Commons, 64. 

It is a general rule that the question first moved and 
seconded shall be first put. Scob., 28, 22; 2 Hats., 81. But 
this rule gives way to what may be called privileged ques¬ 
tions ; and the privileged questions are of different grades 
among themselves. 

A motion to adjourn simply takes place of all others ; for 
otherwise the House might be kept sitting against its will, 
and indefinitely. It et this motion cannot be received after 
another question is actually put, and while the House is 
engaged in voting. 

Orders of the day take place of all other questions, except 

*This rule has been modified so as to specify tbe questions entitled to prefer¬ 
ence. The rule is now as follows: • 

[When a question is under debate, no motion shall be received but to adjourn, 
to lay on the table, to postpone indefinitely, to postpone to a day certain, to 
commit, or to amend; which several motions shall have precedence in the order 
they stand arranged, and the motion for adjournment shall always be in order, 
and be decided without debate.] 


PRIVILEGED QUESTIONS. 


95 


for adjournment—that is to say, the question which is the 
subject of an order is made a privileged one, j )r ° hac vice. 
The order is a repeal of the general rule as to this special 
case. When any member moves, therefore, for the order of 
the day to be read, no further debate is permitted on the 
question which was before the House; for if the debate 
might proceed, it might continue through the day and defeat 
the order. This motion, to entitle it to-precedence, must be 
for the orders generally, and not for any particular one; and 
if it be carried on the question “Whether the House will 
now proceed to the orders of the day?” they must be read 
and proceeded on in the course in which they stand, (2 Hats ., 
83;) for priority of order gives priority of right, which cannot 
be taken away but by another special order.. 

After these there are other privileged questions, which will 
require considerable explanation. 

It is proper that every parliamentary assembly should have 
certain forms of question, so adapted as to enable them fitly 
to dispose of every proposition which can be made to them. 
Such are, 1. The previous question. 2. To postpone indefi¬ 
nitely. 3. To adjourn a question to a definite day. 4. To lie 
on the table. 5. To commit. 6. To amend. The proper occa¬ 
sion for each of these questions should be understood. 

1. When a proposition is moved which it is useless or in¬ 
expedient now to express or discuss, the previous question 
has been introduced for suppressing for that time the motion 
and its discussion. 3 Hats., 188, 189. 

2. But as the previous question gets rid of it only for that 
day, and the same proposition may recur the next day, if 
they wish to suppress it for the whole of that season, they 
postpone it indefinitely. 3 Hats., 183. This quashes the 
proposition for that session, as an indefinite adjournment 
is a dissolution, or the continuance of a suit sine die is a 
discontinuance of it. 

3. When a motion is made which it will be proper to act 
on, but information is wanted, or something more pressing 


96 


MANUAL. 


claims the present time, the question or debate is adjourned 
to such day within the session as will answer the views of 
the House. 2 Hals., 81. And those who have spoken before 
may not speak again when the adjourned debate is resumed. 
2 Hats., 73. Sometimes, however, this has been abusively 
used by adjourning it to a day beyond the session, to get 
rid of it altogether, as would be done by an indefinite post¬ 
ponement. 

4. When the House has something else which claims its 
present attention, but would be willing to reserve in their 
power to take up a proposition whenever it shall suit them, 
they order it to lie on their table. It may then be called for 
at any time. 

If the proposition will want more amendment and digestion 
than the formalities of the House will conveniently admit, 
they refer it to a committee. 

6. But if the proposition be well digested, and may need 
but few and simple amendments, and especially if these be 
of leading consequence, they then proceed to consider and 
amend it themselves. 

The Senate, in their practice, vary from this regular gra¬ 
dation of forms. Their practice comparatively with that of 
Parliament stands thus: 


FOR THE PARLIAMENTARY, 

Postponement indefinite, 
Adjournment, 

Lying on the table, 


THE SENATE USES : 

Postponement to a day beyond 
the session. 

Postponement to a day within 
the session. 

Postponement indefinite. 

Lying on the table. 


In their eighth rule, therefore, which declares that while a 
question is before the Senate no motion shall be received, 
unless it be for the previous question, or to postpone, commit, ’ 
or amend the main question, the term postponement must 
be understood according to their broad use of it, and npt in 


PRIVILEGED QUESTIONS. 


97 


the parliamentary sense. Their rule, then, establishes as 
privileged questions the previous question, postponement, 
commitment, and amendment. 

But it may be asked, Have these questions any privilege 
among themselves? or are they so equal that the common 
principle of the “first moved first put” takes place among 
them? This will need explanation. Their competitions may 
be as follow: 

1. Previous question and postpone j In the first, second, and 

commit 
amend 

2. Postpone and previous question 

commit 
amend 

3. Commit and previous question 

. postpone 
amend 

4. Amend and previous question 

postpone 
commit 

In the first class, where the previous question is first moved, 
the effect is peculiar; for it not only prevents the after motion 
to postpone or commit from being put to question before it, 
but also from being put after it; for if the previous question 
be decided affirmatively, to wit, that the main question shall 
now be put, it would of course be against the decision to post¬ 
pone or commit; and if it be decided negatively, to wit, that 
the main question shall not now be put, this puts the House 
out of possession of the main question, and consequently there 
is nothing before them to postpone or commit. So that neither 
voting for nor against the previous question will enable the 
advocates for postponing or committing to get at their object. 
Whether it may be amended shall be examined hereafter. 

Second class. If postponement be decided affirmatively, 
the proposition is removed from before the House, and con- 
7 


third classes, and the 
first member of the 
fourth class, the rule 
“first moved first put” 
takes place. 


98 


MANUAL. 


sequently there is no ground for the previous question, com¬ 
mitment, or amendment; but if decided negatively, (that it 
shall not be postponed,) the main question may then be sup¬ 
pressed by the previous question, or may be committed, or 
amended. 

The third class is subject to the same observations as the 
second. 

The fourth class. Amendment of the main question first 
moved, and afterwards the previous question, the question of 
amendment shall be first put. 

Amendment and postponement competing, postponement 
is first put, as the equivalent proposition to adjourn the main 
question would be in Parliament. The reason is, that the 
question for amendment is not suppressed by postponing or 
adjourning the main question, but remains before - the House 
whenever the main question is resumed; and it might be that 
the occasion for other urgent business might go by, and be 
lost by length of debate on the amendment, if the House had 
it not in their power to postpone the whole subject. 

Amendment and commitment. The question for commit¬ 
ting, though last moved, shall be first put; because, in truth, 
it facilitates and befriends the motion to amend. Scobell is 
express: “On motion to amend a bill, any one may notwith¬ 
standing move to commit it, and the question for commitment 
shall be first put.” Scob., 46. 

We have hitherto considered the case of two or more of 
the privileged questions contending for privilege between 
themselves, when both were moved on the original or main 
question; but now let us suppose one of them to be moved, 
not on the original primary question, but on the secondary 
one, e. g. 

Suppose a motion to postpone, commit, or amend the main 
question, and that it be moved to suppress that motion by 
putting a previous question on it. This is not allowed, 
because it would embarrass questions too much to allow 
them to be piled on one another several stories high ; and 


PRIVILEGED QUESTIONS. 


99 


the same result may be had in a more simple way—by 
deciding against the postponement, commitment, or amend¬ 
ment. 2 Hats., 81, 2, 3, 4. 

Suppose a motion for the previous question, or commit¬ 
ment or amendment of the main question, and that it be then 
moved to postpone the motion for the previous question, or 
for commitment or amendment of the main question. 1. It 
would be absurd to postpone the previous question, commit¬ 
ment, or amendment, albne/and thus separate the appendage 
from its principal; yet it must be postponed separately from 
its original, if at all, because the eighth rule of Senate says 
that when a main question is before the house no motion 
shall be received but to commit, amend, or pre-question the 
original question, which is the parliamentary doctrine also; 
therefore the motion to postpone the secondary motion for the 
previous question, or for committing or amending, cannot be 
received. 2. This is a piling of questions one on another; 
which, to avoid embarrassment, is not allowed. 3. The 
same result may be had more simply by voting against the 
previous question, commitment, or amendment. 

Suppose a commitment moved of a motion for the previous 
question, or to postpone, or amend. The first, second, and 
third reasons, before stated, all hold good against this. 

Suppose an amendment moved to a motion for the previous 
question. Answer: the previous question cannot be amended. 
Parliamentary usage, as well as the ninth rule of the Senate, has 
fixed its form to be, Shall the main question be now put?”— 
i. e., at this instant; and as the present instant is but one, it 
can admit of no modification. To change it to to-morrow, 
or any other moment, is without example and without utility. 
But suppose a motion to amend a motion for postponement, 
as to one day instead of another, or to a special instead of 
an indefinite time. The useful character of amendment gives 
it a privilege of attaching itself to a secondary and privileged 
motion: that is, we may amend a postponement of a main 
question. So, we may amend a commitment of a main ques- 


100 


MANUAL. 


tion, as by adding, for example, “with instructions to in¬ 
quire,” &c. In like manner, if an amendment be moved to 
an amendment, it is admitted; but it would not be admitted 
in another degree, to wit, to amend an amendment to an 
amendment of a main question. This would lead to too 
much embarrassment. The line must be drawn somewhere, 
and usage has drawn it after the amendment to the amend¬ 
ment. The same result must be sought by deciding against 
the amendment to the amendment, and then moving it again 
as it was wished to be amended. In this form it becomes 
only an amendment to an amendment. 

[When motions are made for reference of the same subject 
to a select committee and to a standing committee, the ques¬ 
tion on reference to the standing committee shall be first put. 
Rule 3fi.] 

[In filling a blank with a sum, the largest sum shall be first 
put to the question, by the thirteenth rule of the Senate,*] 
contrary to the rule of Parliament, which privileges the 
smallest sum and longest time. 5 Grey , 179; 2 Hats., 8, 83; 
3 Hats., 132, 133. And this is considered to be not in the 
form of an amendment to the question, but as alternative or 
successive originals. In all cases of time or number, we 
must consider whether the larger comprehends the lesser, as 
in a question to what day a postponement shall be, the num¬ 
ber of a committee, amount of a fine, term of an imprison¬ 
ment, term of irredeemability of a loan, or the terminus in 
quiem in any other case; then the question must begin a 
maxima . Or whether the lesser includes the greater, as in 
questions on the limitation of the rate of interest, on what 
day the session shall be closed by adjournment, on what day 
the next shall commence, when an act shall commence, or 
the terminus a quo in any other case where the question must 
begin aminimo: the object being not to begin at that extreme 
which, and more, being within every man’s wish, no one could 

[* In filling up blanks, the largest sum and longest time shall be first put. 
Rule 13.] 


THE PREVIOUS QUESTION. 


101 


negative it, and yet, if lie should vote in the affirmative, every 
question for more would be precluded; but at that extreme 
which would unite few, and then to advance or recede till you 
get to a number which will unite a bare majority. 3 Grey, 
376, 284, 3S5. “The fair question in this case is not that to 
which and more all will agree, but whether there shall be 
addition to the question.” 1 Grey, 365. 

Another exception to the rule of priority is when a motion 
has been made to strike out or agree to a paragraph. Motions 
to amend it are to be put to the question before a vote is taken 
on striking out or agreeing to the whole paragraph. 

But there are several questions w'hich, being incidental to 
every one, will take place of every one, privileged or not, to 
wit, a question of order arising out of any other question 
must be decided before that question. 2 Hats., 88. 

A matter of privilege arising out of any question, or from 
a quarrel between two members, or any other cause, super¬ 
sedes the consideration of the original question, and must be 
first disposed of. 2 Hats., 88. 

Reading papers relative to the question before the House. 
This question must be put before the principal one. 2 Hats., 88. 

Leave asked to withdraw a motion. The rule of Parliament 
being that a motion made and seconded is in the possession 
of the House, and cannot be withdrawn without leave, the 
very terms of the rule imply that leave may be given, and, 
consequently, may be asked and put to the question. 

SEC. XXXIV.-THE PREVIOUS QUESTION. 

When any question is before the House, any member may 
move a previous question, ‘‘Whether that question (called 
the main question) shall now be put?” If it pass in the 
affirmative, then the main question is to be put immediately) 
and no man may speak anything further to it, either to add 
or alter. Memor. in Hakew , 28; 4 Grey, 27. 

The previous question being moved and seconded, the ques¬ 
tion from the Chair shall be, “Shall the main question be now r 


102 


MANUAL. 


put?” and if the nays prevail, the main question shall not then 
be put. 

This kind of question is understood by Mr. Hatsell to have 
been introduced in 1604. 2 Hats. SO. Sir Henry Vane in¬ 
troduced it. 2 Grey , 113, 114. 3 Grey , 384. When the 

question was put in this form, “ Shall the main question be 
put?” a determination in the negative suppressed the main 
question during the session; but since the words “ now put” 
are used, they exclude it for the present only: f rmerly, in¬ 
deed, only till the present debate was over, (4 Grey, 43,) but 
now for that day and no longer. 2 Grey, 113, 114. 

Before the question “ Whether the main question shall now 
be put?” any person might formerly have spoken to the main 
question, because otherwise he would be precluded from 
speaking to it at all. Mem. in Hakew., 28. 

The proper occasion for the previous question, is when a 
subject is brought forward of a delicate nature as to high per¬ 
sonages, &c., or the discussion of which may call forth ob¬ 
servations which might be of injurious consequences. Then 
the previous question is proposed : and, in the modern usage, 
the discussion of the main question is suspended, and the de¬ 
bate confined to the previous question. The use of it has 
been extended abusively to other cases; but in these it has 
been an embarrassing procedure: its uses would be as well 
answered by other more simple parliamentary forms, and 
therefore it should not be favored, but restricted within as 
narrow limits as possible. 

Whether a main question may be amended after the previous 
question on it has been moved and seconded? 2 Hats., 88, 
says, if the previous question has been moved and seconded, 
and also proposed from the Chair, (by which he means stated 
by the Speaker for debate,) it has been doubted whether an 
amendment can be admitted to the main question. He thinks 
it may, after the previous question moved and seconded; 
but not after it has been proposed from the Chair. In this 
case, he thinks the friends to the amendment must vote that 


THE PREVIOUS QUESTION. 


103 


the main question be not now put; and then move their 
amended question, which being made new by the amendment, 
is no longer the same which has been just suppressed, and 
therefore may be proposed as a new one. But this proceed¬ 
ing certainly endangers the main question, by dividing its 
friends, some of whom may choose it unamended, rather than 
lose it altogether; while others of them may vote, as Hatsell 
advises, that the main question be not now put, with a view 
to move it again in an amended form. The enemies of the 
main question, by this manoeuvre to the previous question, 
get the enemies to the amendment added to them on the first 
vote, and throw the friends of the main question under the 
embarrassment of rallying again as they can. To support his 
opinion, too, he makes the deciding circumstance, whether an 
amendment may or may not be made, to be, that the previous 
question has been proposed from the Chair. But, as the rule 
is that the House is in possession of a question as soon as it 
is moved and seconded, it cannot be more than possessed of 
it by its being also proposed from the Chair. It may be said, 
indeed, that the object of the previous question being to get 
rid of a question, which it is not expedient should be discuss¬ 
ed, this object may be defeated by moving to amend, and, 
in the discussion of that motion, involving the subject of the 
main question. But so may the object of the previous ques¬ 
tion be defeated, by moving the amended question, as Mr. 
Hatsell proposes, after the decision against putting the ori¬ 
ginal question. He acknowledges, too, that the practice has 
been to admit previous amendments, and only cites a few late 
instances to the contrary. On the whole, I should think it 
best to decide it ab inconvenienti, to wit: which is most in¬ 
convenient, to put it in the power of one side of the House to 
defeat a proposition by hastily moving the previous question, 
and thus forcing the main question to be put unamended; or 
to put it in the power of the other side to force on, incident¬ 
ally at least, a discussion which would be better avoided? 
Perhaps the last is the least inconvenience; inasmuch as the 


104 


MANUAL. 


Speaker, by confining the discussion rigorously to the amend¬ 
ment only, may prevent their going into the main question, and 
inasmuch also as so great a proportion of the cases in which 
the previous question is called for, are fair and proper sub¬ 
jects of public discussion, and ought not to be obstructed by 
a formality introduced for questions of a peculiar character. 

SEC. XXXV.-AMENDMENTS. 

On an amendment being moved, a member who has spoken 
to the main question may speak again to the amendment. 
Scob. 23. 

If an amendment be proposed inconsistent with one already 
agreed to, it is a fit ground for its rejection by the House, 
but not within the competence of the Speaker to suppress as 
if it were against order; lor were he permitted to draw 
questions of consistence within the vortex of order, he might 
usurp a negative on important modifications, and suppress, 
instead of subserving, the legislative will. 

Amendments may be made so as totally to alter the nature 
of the proposition ; and it is a way of getting rid of a propo¬ 
sition, by making it bear a sense different from what it was 
intended by the movers, so that they vote against it them¬ 
selves. 2 Hats. 79, 4, 82, 84. A new bill may be ingrafted, 
by way of amendment, on the words “Be it enacted,” &c. 
1 Grey , 190, 192. 

If it be proposed to amend by leaving out certain words, 
it may be moved, as an amendment to this amendment, to 
leave out a part of the words of the amendment, which is 
equivalent to leaving them in the bill. 2 Hats. 80, 9. The 
parliamentary question is, always, whether the words shall 
stand part of the bill? 

When it is proposed to amend by inserting a paragraph, 
or part of one, the friends of the paragraph may make it as 
perfect as they can by amendments before the question is 
put for inserting it. If it be received, it cannot be amended 


AMENDMENTS. 


105 


afterwards, in the same stage, because the House has, on a 
vote, agreed to it in that form. In like manner, if it is pro¬ 
posed to amend by striking out a paragraph, the friends of 
the paragraph are first to make it as perfect as they can by 
amendments, before the question is put for striking it out. If 
on the question it be retained, it cannot be amended after¬ 
wards, because a vote against striking out is equivalent to a 
vote agreeing to it in that form. 

When it is moved to amend by striking out certain words 
and inserting others, the manner of stating the question is 
first to read the whole passage to be amended as it stands at 
present, then the words proposed to be struck out, next those 
to be inserted, and lastly the whole passage as it will be 
when amended. And the question, if desired, is then to be 
divided, and put first on striking out. If carried, it is next 
on inserting the words proposed. If that be lost, it may be 
moved to insert others. 2 Hals. 80, 7. 

A motion is made to amend by striking out certain words 
and inserting others in their place, which is negatived. Then 
it is moved to strike out the same words, and to insert others 
of a tenor entirely different from those first proposed. It is 
negatived. Then it is moved to strike out the same words 
and insert nothing, which is agreed to. All this is admissible, 
because to strike out and insert A is one proposition. To 
strike out and insert B, is a different proposition. And to 
strike out and insert nothing, is still different. And the rejec¬ 
tion of one proposition does not preclude the offering a 
different one. Nor would it change the case were the first 
motion divided by putting the question first on striking out, 
and that negatived; for, as putting the whole motion to the 
question at once would not have precluded, the putting the 
half of it cannot do it. # 

* In the case of a division of the question, and a decision against striking out, 
I advance doubtingly the opinion here expressed. I find no authority either 
way, and I know it may be viewed under a different aspect. It may be thought 
that, having decided separately not to strike out the passage, the same question 


106 


MANUAL. 


But if it had been carried affirmatively to strike out the 
words and to insert A, it could not afterwards be permitted 
to strike out A and insert B. The mover of B should have 
notified, while the insertion of A was under debate, that he 
would move to insert B; in which case those who preferred 
it would join in rejecting A. 

After A is inserted, however, it may be moved to strike 
out a portion of the original paragraph, comprehending A, 
provided the coherence to be struck out be so substantial as 
to make this effectively a different proposition; for then it 
is resolved into the common case of striking out a paragraph 
after amending it. Nor does any thing forbid a new inser¬ 
tion, instead of A and its coherence. 

In Senate, January 25, 1798, a motion to postpone until 
the second Tuesday in February some amendments proposed 
to the Constitution; the words “until the second Tuesday in 
February,” were struck out by way of amendment. Then 
it was moved to add, “ until the first day of June.” Objected 
that it was not in order, as the question should be first put 
on the longest time; therefore, after a shorter time decided 
against, a longer cannot be put to question. It was answered 
that this rule takes place only in filling blanks for time. But 
when a specific time stands part of a motion, that may be 
struck out as well as any other part of the motion; and when 
struck out, a motion may be received to insert any other. In 
fact, it is not until they are struck out, and a blank for the 
time thereby produced, that the rule can begin to operate, by 
receiving all the propositions for different times, and putting 
the questions successively on the longest. Otherwise it would 
be in the power of the mover, by inserting originally a short 
time, to preclude the possibility of a longer; for, till the 
short time is struck out, you cannot insert a longer; and if, 

for striking out cannot be put over again, though with a view to a different inser¬ 
tion. Still I think it more reasonable and convenient to consider the striking 
out and insertion as forming one proposition; but should readily yield to any 
evidence that the contrary is the practice in Parliament. 


DIVISION OF THE QUESTION. 


107 


after it is struck out, you cannot do it, then it cannot be done 
at all. Suppose the first motion had been to amend by strik¬ 
ing out “the second Tuesday in February,” and inserting 
instead thereof “the first of June,” it would have been regu¬ 
lar, then, to divide the question, by proposing first the question 
to strike out, and then that to insert. Now this is precisely 
the effect of the present proceeding; only, instead of one 
motion and two questions, there are two motions and two 
questions to effect it—the motion being divided as well as the 
question. 

When the matter contained in two bills might be better put 
into one, the manner is to reject the one, and incorporate its 
matter into another bill, by way of amendment. So if the 
matter of one bill would be better distributed into two, any 
part may be struck out by way of amendment, and put into 
a new bill. If a section is to be transposed, a question must 
be put on striking it out where it stands, and another for 
inserting it in the place desired. 

A bill passed by the one house with blanks. These may 
be filled up by the other by way of amendments, returned to 
the first as such, and passed. 3 Hats . S3. 

The number prefixed to the section of a bill, being merely 
a marginal indication, and no part of the text of the bill, the 
clerk regulates that—the House or committee is only to amend 
the text. 

SEC. XXXVI.-DIVISION OF THE QUESTION. 

If a question contain more parts than one, it may be di¬ 
vided into two or more questions. Mem. in Halcew. 29. But 
not as the right of an individual member, but with the con¬ 
sent of the House. For who is to decide whether a question 
is complicated or not?—where it is complicated?—into how 
many propositions it may be divided? The fact is, that the 
only mode of separating a complicated question is by moving 
amendments to it; and these must be decided by the House, 
on a question, unless the House orders it to be divided; as, on 


108 


MANUAL. 


the question, December 2, 1640, making void the election of 
the knights for Worcester, on a motion it was resolved to 
make two questions of it, to wit, one on each knight. 2 Hats . 
85, 86. So, wherever there are several names in a question, 
they may be divided and put one by one. 9 Grey, 444. So, 
1729, April 17, on an objection that a question was compli¬ 
cated, it was separated by amendment. 2 Hats. 79. 

The soundness of these observations will be evident from 
the embarrassments produced by the 12th rule of the Senate, 
which says, “if the question in debate contain several points, 
any member may have the same divided.” 

1798, May 30, the alien bill in quasi-committee. To a 
section and proviso in the original had been added two new 
provisoes* by way of amendment. On a motion to strike out 
the section as amended, the question was desired' to be di¬ 
vided. To do this it must be put first on striking out either 
the former proviso, or some distinct member of the section. 
But when nothing remains but the last member of the section 
and the provisoes, they cannot be divided so as to put the 
last member to question by itself; for the provisoes might 
thus be left standing alone as exceptions to a rule when the 
rule is taken away; or the new provisoes might be left to a 
second question, after having been decided on once before at 
the same reading, which is contrary to rule. But the ques¬ 
tion must be on striking out the last member of the section 
as amended. This sweeps away the exceptions with the 
rule, and relieves from inconsistence. A question to be divi¬ 
sible, must comprehend points so distinct and entire, that one 
of them being taken away, the other may stand entire. But 
a proviso or exception, without an enacting clause, does not 
contain an entire point or proposition. 

May 31.—The same bill being before the Senate. There 
was a proviso that the bill should not extend—1. To any 
foreign minister; nor, 2. To any person to whom the Presi¬ 
dent should give a passport; nor, 3. To any alien merchant 
conforming himself to such regulations as the President shall 


CO-EXISTING QUESTIONS. 


109 


prescribe; and a division of the question into its simplest ele¬ 
ments was called for. It was divided into four parts, the 4th 
taking in the words “conforming himself,” &c. It was 
objected that the words “any alien merchant” could not be 
separated from their modifying words, “conforming,” &c., 
because these words, if left by themselves, contain no sub¬ 
stantive idea—will make no sense. But admitting that the 
divisions of a paragraph into separate questions must be so 
made as that each part may stand by itself, yet the house 
having, on the question, retained the two first divisions, the 
words “any alien merchant” maybe struck out, and their 
modifying words will then attach themselves to the preceding 
description of persons, and become a modification of that 
description. 

When a question is divided, after the question on the 1st 
member, the 2d is open to debate and amendment; because 
it is a known rule that a person may rise and speak at any 
time before the question has been completely decided, by 
putting the negative as well as affirmative side. But the 
question is not completely put when the vote has been taken 
on the first member only. One-half of the question, both 
affirmative and negative, remains still to be put. See Execut. 
Jour. June 25, 1795. The same decision by President 
Adams. 


SEC. XXXVII.-CO-EXISTING QUESTIONS. 

It may be asked whether the House can be in possession 
of two motions or propositions at the same time? so that, 
one of them being decided, the other goes to question without 
being moved anew ? The answer must be special. When 
a question is interrupted by a vote of adjournment, it is 
thereby removed from before the House, and does not stand 
ipso facto before them at their next meeting, but must come 
forward in the usual way. So, when it is interrupted by the 
order of the day. Such other privileged questions also as 


110 


MANUAL. 


dispose of the main question, (e. g. the previous question, 
postponement, or commitment,) remove it from before the 
House. But it is only suspended by a motion to amend, to 
withdraw, to read papers, or by a question of order or privi¬ 
lege, and stands again before the House when these are 
decided. None but the class of privileged questions can be 
brought forward while there is another question before the 
House, the rule being that when a motion has been made and 
seconded, no other can be received, except it be a privileged 
one. 


SEC. XXXVIII.-EQUIVALENT QUESTIONS. 

If, on a question for rejection, a bill be retained, it passes, 
of course, to its next reading. Ilakew . 141. Scob. 42. And 
a question for a second reading determined negatively, is a 
rejection without further question. 4 Grey , 149. And see 
Elsynge's Memor. 42, in what cases questions are to be taken 
for rejection. 

Where questions are perfectly equivalent, so that the nega¬ 
tive of the one amounts to the affirmative of the other, and 
leaves no other alternative, the decision of the one concludes 
necessarily the other. 4 Grey , 157. Thus the negative of 
striking out amounts to the affirmative of agreeing; and 
therefore to put a question on agreeing after that on striking 
out, would be to put the same question in effect twice over. 
Not so in questions of amendments between the two houses. 
A motion to recede being negatived, does not amount to a 
positive vote to insist, because there is another alternative, to 
wit, to adhere. 

A bill originating in one house is passed by the other with 
an amendment. A motion in the originating house to agree 
to the amendment is negatived. Does there result from this 
a vote of disagreement, or must the question on disagreement 
be expressly voted? The questions respecting amendments 
from another house are—1st, to agree; 2d, disagree; 3d, 
recede; 4th, insist; 5th, adhere. 


THE QUESTION. 


Ill 


1st. To agree. ) Either of these concludes the other ne- 
2d. To disagree. ) cessarily, for the positive of either is ex¬ 
actly the equivalent of the negative of the 
other, and no other alternative remains. 
On either motion amendments to the 
amendment may be proposed; e. g. if it 
be moved to disagree, those who are for 
the amendment have a right to propose 
amendments, and to make it as perfect as 
they can, before the question of disagree¬ 
ing is put. 

3d. To recede. } You may then either insist or adhere. 

4th. To insist. > You may then either recede or adhere. 
5th. To adhere. ) You may then either recede or insist. 

Consequently the negative of these is not 
equivalent to a positive vote, the other 
way. It does not raise so necessary an 
implication as may authorize the Secretary 
by inference to enter another votp; for 
two alternatives still remain, either of 
which may be adopted by the House. 

SEC. XXXIX.-THE QUESTION. 

The question is to be put first on the affirmative, and then 
on the negative side. 

After the Speaker has put the affirmative part of the ques¬ 
tion, any member who has not spoken before to the question, 
may rise and speak before the negative be put; because it 
is no full question till the negative part be put. Scob. 23. 
2 Hats . 73. 

But in small matters, and which are, of course, such as 
receiving petitions, reports, withdrawing motions, reading 
papers, &c., the Speaker most commonly supposes the con¬ 
sent of the House where no objection is expressed, and does 
not give them thq trouble of putting the question formally 
Scob. 22. 2 Hats . 87, 2, 87. 5 Grey , 129. 9 Grey , 301. 


112 


MANUAL. 


SEC. XL.-BILLS, THIRD READING. 


/ 


To prevent bills from being passed by surprise, the House, 
by a standing order, directs that they shall not be put on their 
passage before a fixed hour, naming one at which the House 
is commonly full. Hakew. 153. 

[The usage of the Senate is, not to put bills on their pas¬ 
sage till noon.] 

A bill reported and passed to the third reading, cannot on 
that day be read the third time and passed; because this 
would be to pass on two readings in the same day. 

At the third reading the Clerk reads the bill and delivers it 
to the Speaker, who states the title, that it is the third time 
of reading the bill, and that the question will be whether it 
shall pass? Formerly the Speaker, or those who prepared a 
bill, prepared also a breviate or summary statement of its 
contents, which the Speaker read when he declared the state 
of the bill, at the several readings. Sometimes, however, he 
read the bill itself, especially on its passage. Hakew. 136, 
137, 153. Coke , 22, 115. Latterly, instead of this, he, at 
the third reading, states the whole contents of the bill verba¬ 
tim, only, instead of reading the formal parts, “ Be it enacted,” 
&c., he states that “the preamble recites so and so—the 1st 
section enacts that, &c.; the 2d section enacts,” &c. 

[But in the Senate of the United States, both of these for¬ 
malities are dispensed with; the breviate presenting but an 
imperfect view of the bill, and being capable of being made to 
present a false one; and the full statement being a useless waste 
of time, immediately after a full reading b}- the Clerk, and 
especially as every member has a printed copy in his hand.] 

A bill on the third reading is not to be committed lor the 
matter or body thereof; but to receive some particular clause 
or proviso, it. hath been sometimes suffered, but as a thing very 
unusual, Hakew. 156. Thus, 27 El. 1584, a bill was commit¬ 
ted on the third reading, having been fornjerty committed on 
the second, but is declared not usual. D'Ewes, 337, col. 2; 
414, col . 2. 


BILLS, THIRD READING. 


113 


"W hen an essential provision has been omitted, rather than 
erase the bill and render it suspicious, they add a clause on 
a separate paper, engrossed and called a rider, which is read 
and put to the question three times. Elsynge’s Memorials , 59. 
6 Grey , 335. 1 Blackst. 183. For examples of riders, see 3 

Hats. 121, 122, 124, 126. Every one is at liberty to bring 
in a rider without asking leave. 10 Grey , 52. 

It is laid down as a general rule, that amendments pro¬ 
posed at the second reading shall be twice read, and those pro¬ 
posed at the third reading thrice read ; as also all amendments 
from the other house. Town. col. 19, 23, 24, 25, 26, 27, 2S. 

It is with great and almost invincible reluctance that 
amendments are admitted at this reading, which occasion 
erasures or interlineations. Sometimes a proviso has been 
cut off from a bill; sometimes erased. 9 Grey, 513. 

This is the proper stage for filling up blanks; for if filled 
up before, and now altered by erasure, it would be peculiarly 
unsafe. 

At this reading the bill is debated afresh, and for the most 
part is more spoken to at this time than on any of the former 
readings. Hakew. 153. 

The debate on the question whether it should be read a 
third time, has discovered to its friends and opponents the 
arguments on which each side relies, and which of these 
appear to have influence with the House; they have had time 
to meet them with new arguments, and to put their old ones 
into new shapes. The former vote has tried the strength of 
the first opinion, and furnished grounds to estimate the issue; 
and the question now offered for its passage is the last occa¬ 
sion which is ever to be offered for carrying or rejecting it. 

When the delltite is ended, the Speaker, holding the bill in 
his hand, puts the question for its passage, by saying, “Gen¬ 
tlemen, all you who are of opinion that this bill shall pass, 
say ay;” and after the answer of the ayes, “All those of the 
contrary opinion, say no.”— Hakew. 154. 

After the bill is passed, there can be no further alteration 

of it in any point.— Hakew. 159. 

8 


114 


MANUAL. 


SEC. XLI.-DIVISION OF THE HOUSE. 


The affirmative and negative of the question having been 
both put and answered, the Speaker declares whether the 
yeas or nays have it by the sound, if he be himself satisfied, 
and it stands as the judgment of the House. But if he be 
not himself satisfied which voice is the greater, or if, before 
any other member comes into the House, or before any new 
motion made, (for it is too late after that,) any member shall 
rise and declare himself dissatisfied with the Speaker’s 
decision, then the Speaker is to divide the House. Scob. 24. 
2 Hats. 140. 

When the House of Commons is divided, the one party 
goes forth, and the other remains in the House. This has 
made it important which go forth and which remain; because 
the latter gain all the indolent, the indifferent, and inattentive. 
Their general rule, therefore, is, that those who give their 
vote for the preservation of the orders of the House, shall 
stay in; and those who are for introducing any new matter 
or alteration, or proceeding contrary to the established course, 
are to go out. But this rule is subject to many exceptions 
and modifications. 2 Hats. 134. 1 Rush., j). 3 ,fol. 92. Scob. 
43, 52. Co. 12, 116. HEives, 505. col. 1. Mem. in HaJcew. 
25, 29, as will appear by the following statement of who go 
forth: 


Petition that it be received*. 

Read. 

Lie on the table. 

Rejected after refusal to lie on table. 

Referred to a committee, or further pro¬ 
ceeding. 

Eill, that it be brought in. 

Read first or second time. 

Engrossed or read third time. 

Proceeding on every other stage. 

Committed. 



Noes. 9 Grey, 365. 













DIVISION OF THE HOUSE. 


115 


To Committee of the Whole. 

To a select committee. 

Report of bill to lie on table. 

Be now read. 

Be taken into consideration three months 

hence. 

Amendments be read a second time. 

Clause offered on report of bill be read sec¬ 
ond time.„. 

For receiving a clause. 

With amendments be engrossed. 

That a bill be now read a third time. 

Receive a rider. 

Pass.,. 

Be printed. 

Committees. That A take the chair. 

To agree to the whole or any part of re¬ 
port. 

That the House do now resolve into com¬ 
mittee.. 

Speaker. That he now leave the chair, 

after order to go into committee. 

That he issue warrant for a new writ.... 
Member. That none be absent without 

leave. 

Witness. That he be further examined... . 

Previous question. 

Blanks. That they be filled with the largest 

sum.. 

Amendments. That words stand part of.. 
Lords. That their amendment be read a 

second time. 

Messenger be received. 

Orders of day to be now read, if before 2 

o’clock... 

If after 2 o’clock. 


Noes. 

Ayes. 

Noes. 


Ayes. 

30, P. J. 251. 


Noes. 



Noes. 


334. 

395. 

398. 



260. 

259. 


>Noes. 291. 


Ayes. 344, 
Noes. 



Ayes.. 

Noes.. 




























116 


MANUAL. 


Adjournment. Till the next sitting day, if) * 

before 4 o’clock. ) 

If after 4 o’clock. Noes. 

Over a sitting day, (unless a previous reso- ) . 

lution).) 

Over the 30th of January. Noes. 

For sitting on Sunday, or any other day not > ^ eg 

being a sitting day..5 

The one party being gone forth, the Speaker names two 
tellers from the affirmative and two from the negative side, 
who first count those sitting in the House and report the 
number to the Speaker. Then they place themselves within 
the door, two on each side, and count those who went forth 
as they come in, and report the number to the Speaker. 
Mem. in HaJcew. 26. 

A mistake in the report of the tellers may be rectified after 
the report made. 2 Hats. 145, note . 

[But in both houses of Congress all these intricacies are 
avoided. The ayes first rise, and are counted standing in 
their places by the President or Speaker. Then they sit, 
and the noes rise and are counted in like manner.] 

[In Senate, if they be equally divided, the Vice President 
announces his opinion, which decides.] 

[The constitution, however, has directed that “ the yeas 
and nays of the members of either house on any question 


shall, at the desire of one-fifth of those present, be entered on 
the journal.” And again: that in all cases of reconsidering 
a bill disapproved by the President, and returned with his 
objections, “ the votes of both houses shall be determined by 
yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journals of each house 
respectively.”] 

[By the 16th and 17th rules of the Senate, when the yeas 
and nays shall be called for by one-fifth of the members 


present, each member called upon shall, unless for special 
reasons he be excused by the Senate, declare openly, and 







DIVISION OF THE HOUSE. 


117 


without debate, his assent or dissent to the question. In 
taking the yeas and nays, and upon the call of the house, 
the names of the members shall be taken alphabetically.] 

[When the yeas and nays shall'be taken upon any question 
in pursuance of the above rule, no member shall be permitted, 
under any circumstances whatever, to vote after the decision 
is announced from the Chair.] 

[When it is proposed to take the vote by yeas and nays, 
the President or Speaker states that “the question is whether, 
e. g ., the bill shall pass—that it is proposed that the yeas and 
na}^s shall be entered on the journal. Those, therefore, who 
desire it, will rise.” If he finds and declares that one-fifth 
have risen, he then states that “those who are of opinion 
that the bill shall pass, are to answer in the affirmative; 
those of the contrary opinion in the negative.” The clerk 
then calls over the names alphabetically, notes the yea or 
nay of each, and gives the list to the President or Speaker, 
who declares the result. In Senate, if there be an equal 
division, the Secretary calls on the Vice President and notes 
his affirmative or negative, which becomes the decision of 
the house.] 

In the House of Commons, every member must give his 
vote the one way or the other, (Scob. 24) as it is not per¬ 
mitted to any one to withdraw who is in the House when 
the question is put, nor is any one to be told in the division 
who was not in when the question was put. 2 Hats. 140. 

This last position is always true when the vote is by yeas 
and nays; where the negative as well as affirmative of the 
question is stated by the President at the same time, and the 
vote of both sides begins and proceeds pari passu. It is true 
also when the question is put in the usual way, if the nega¬ 
tive has also been put; but if it has not, the member enter¬ 
ing, or any other member, may speak, and even propose 
amendments, by which the debate may be opened again, and 
the question be greatly deferred. And as some who have 
answered ay may have been changed by the new arguments 


118 


MANUAL. 


the affirmative must be put over again. If, then, the 
member entering may, by speaking a few words, occasion a 
repetition of the question, it would be useless to deny it on 
his simple call for it. 

While the House is telling, no member may speak or move 
out of his place; for if any mistake be suspected, it must be 
told again. Mem. in Hakcw. 26. 2 Hats. 143. 

If any difficulty arises in point of order during the division, 
the Speaker is to decide peremptorily, subject to the future 
censure of the House if irregular. He sometimes permits old 
experienced members to assist him with their advice, which 
they do sitting in their seats, covered, to avoid the appear¬ 
ance of debate; but this can only be with the Speaker’s leave, 
else the division might last several hours. 2 Hats . 143. 

The voice of the majority decides; for the lex majoris 
'partis is the law of all councils, elections, &c., where not 
otherwise expressly provided. Hakew. 93. But if the House 
be equally divided, “ semper presumatur pro negante that is, 
the former law is not to be changed but by a majority. 
Towns, col. 134. 

[But in the Senate of the United States, the Vice President 
decides when the house is divided. Const. U. S. I. 3.] 

When from counting the House on a division it appears 
that there is not a quorum, the matter continues exactly in 
the state in which it was before the division, and must be 
resumed at that point on any future day. 2 Hats. 126. 

1606, May 1, on a question whether a member having said 
yea may afterwards sit and change his opinion, a precedent 
was remembered by the Speaker, of Mr. Morris, attorney of 
the wards, in 39 Eliz ., who in like case changed his opinion. 
Mem. in Hakew. 27. 


SEC. XLII.-TITLES. 

After the bill has passed, and not before, the title may be 
amended, and is to be fixed by a question; and the bill is 
then sent to the other house. 


RECONSIDE RATION. 


119 


SEC. XLIII.-RECONSIDERATION. 

[When a question has been once made and carried in the 
affirmative or negative, it shall be in order for any member 
of the majority to move for the reconsideration thereof; but 
no motion lor the reconsideration of any vote shall be in order 
after a bill, resolution, message, report, amendment, or motion 
upon which the vote was taken shall have gone out of the 
possession of the Senate announcing their decision; nor shall 
any motion for reconsideration be in order unless made on the 
same day on which the vote was taken, or within the two 
next days of actual session of the Senate thereafter.* Rule 
20 .] 

[1798, Jan. A bill on its second reading being amended, 
and on the question whether it shall be read a third time 
negatived, was restored by a decision to reconsider that ques¬ 
tion. Here the votes of negative and reconsideration, like 
positive and negative quantities in equation, destroy one an¬ 
other, and are as if they were expunged from the journals. 
Consequently the bill is open lor amendment, just so far as it 
was the moment preceding the question for the third reading; 
that is to say, all parts of the bill are open for amendment 
except those on which votes have been already taken in its 
present stage. So, also, it may be recommitted.] 

[f The rule permitting a reconsideration of a question, af¬ 
fixing to it no limitation of time or circumstance, it may be 
asked whether there is no limitation ? If, after the vote, the 
paper on which it is passed has been parted with, there can 
be no reconsideration: as if a vote has been for the passage 
of a bill, and the bill has been sent to the other house. But 
where the paper remains, as on a bill rejected; when, or 
under what circumstances, does it cease to be susceptible of 
reconsideration? This remains to be settled; unless a sense 
that the right of reconsideration is a right to waste the time 

* This part of the rule has been added since the Manual was compiled, 
t The rule now fixes a limitation. 


120 


MANUAL. 


of the house in repeated agitations of the same question, so 
that it shall never know when a question is done with, should 
induce them to reform this anomalous proceeding.] 

In Parliament, a question once carried, cannot be ques¬ 
tioned again at the same session, but must stand as the 
judgment of the House. Towns. col. 67. Mem . in Hakcw. 33. 
And a bill once rejected, another of the same substance can¬ 
not be brought in again the same session. Hakew. 158. 6 

Grey , 392. But this does not extend to prevent putting the 
same question in different stages of a bill; because every 
stage of a bill submits the whole and every part of it to the 
opinion of the House, as open for amendment, either by inser¬ 
tion or omission, though the same amendment has been ac¬ 
cepted or rejected in a former stage. So in reports of com¬ 
mittees, e. g. report of an address, the same question is before 
the House, and open for free discussion. Towns, col. 26. 2 

Hats. 98, 100, 101. So orders of the House, or instructions 
to committees, may be discharged. So a bill, begun in one 
house, and sent to the other, and there rejected, may be re¬ 
newed again in that other, passed and sent back. lb. 92. 3 

Hats. 161. Or if, instead of being rejected, they read it once 
and lay it aside, or amend it, and put it off a month, they 
may order in another to the same effect, with the same or a 
different title. Ilakew. 97, 98. 

Divers expedients are used to correct the effects of this 
rule ; as, by passing an explanatory act, if any thing has been 
omitted or ill expressed, 3 Hats. 278, or an act to enforce, 
and make more effectual an act, &c., or to rectify mistakes 
in an act, &c., or a committee on one bill may be instructed 
to receive a clause to rectify the mistakes of another. Thus, 
June 24, 1685, a clause was inserted in a bill for rectifying 
a mistake committed by a clerk in engrossing a bill of supply. 
2 Hats. 194, 6. Or the session may be closed for one, two, 
three, or more days, and a new one commenced. But then 
all matters depending must be finished, or they fall, and are 
to begin de novo. 2 Hats. 94, 9S. Or a part of the subject 


BILLS SENT TO THE OTHER HOUSE. 121 

may be taken up by another bill, or taken up in a different 
way. 6 Grey , 304, 316. 

And in cases of the last magnitude, this rule has not been 
so strictly and verbally observed as to stop indispensable pro¬ 
ceedings altogether. 2 Hats. 92, 98. Thus when the address 
on the preliminaries of peace in 1782 had been lost by a ma¬ 
jority of one, on account of the importance of the question, 
and smallness of the majority, the same question, in sub¬ 
stance, though with some words not in the first, and which 
might change the opinion of some members, was brought on 
again and carried; as the motives for it were thought to out¬ 
weigh the objection of form. 2 Hats. 99, 100. 

A second bill may be passed to continue an act of the same 
session, or to enlarge the time limited for its execution. 2 
Hats. 95, 98. This is not in contradiction to the first act. 

SEC. XLIV.^—BILLS SENT TO THE OTHER HOUSE. 

[All bills passed in Senate shall, before they are sent to 
the House of Representatives, be examined by a committee, 
consisting of three members, whose duty it shall be to ex¬ 
amine all bills, amendments, resolutions, or motions, before 
they go out of the possession of the Senate, and to make re¬ 
port that they are correctly engrossed ; which report shall be 
entered on the journal. Rule 33.] 

A bill from the other house is sometimes ordered to lie on 
the table. 2 Hats. 97. 

When bills, passed in one house and sent to the other, are 
grounded on special facts requiring proof, it is usual, either 
b y message or at a conference, to ask the grounds and evi¬ 
dence ; and this evidence, whether arising out of papers, or 
from the examination of witnesses, is immediately communi¬ 
cated. 3 Hats. 48. 

SEC. XLV.-AMENDMENTS BETWEEN THE HOUSES. 

When either house, e. g. the House of Commons, send a 
bill to the other, the other may pass it with amendments. 


122 


MANUAL. 


The regular progression in this case is, that the commons 
disagree to the amendment; the lords insist on it; the com¬ 
mons insist on their disagreement; the lords adhere to their 
amendment; the commons adhere to their disagreement. 
The term of insisting may be repeated as often as they choose 
to keep the question open. But the first adherence by either 
renders it necessary for the other to recede or adhere also; 
when the matter is usually suffered to fall. 10 Grey, 148. 
Latterly, however, there are instances of their having gone 
to a second adherence. There must be an absolute conclu¬ 
sion of the subject somewhere, or otherwise transactions be¬ 
tween the houses would become endless. 3 Hats 26S, 270. 
The term of insisting, we are told by Sir John Trevor, w r as 
then (1679) newly introduced into parliamentary usage, by 
the lords. 7 Grey, 94. It was certainly a happy innovation, 
as it multiplies the opportunities of trying modifications which 
may bring the houses to a concurrence. Either house, how¬ 
ever, is free to pass over the term of insisting, and to adhere 
in the first instance; 10 Grey, 146; but it is not respectful 
to the other. In the ordinary parliamentary course, there 
are two free conferences, at least, before an adherence. 10 
Grey, 147. 

Either house may recede from its amendment and agree 
to the bill; or recede from their disagreement to the amend¬ 
ment, and agree to the same absolutely, or with an amend¬ 
ment; for here the disagreement and receding destroy one 
another, and the subject stands as before the disagreement. 
Elsynge, 23, 27. 9 Grey, 476. 

But the House cannot recede from, or insist on its own 
amendment, with an amendment: for the same reason that 
it cannot send to the other house an amendment to its own 
act after it has passed the act. They may modify an 
amendment from the other house by ingrafting an amend¬ 
ment on it, because they have never assented to it; but they 
cannot amend their own amendment, because they have, on 
the question, passed it in that form. 9 Grey , 363. 10 Grey, 


AMENDMENTS BETWEEN THE HOUSES. 


123 


240. In Senate, March 29, 179S. Nor where one house 
has adhered to their amendment, and the other agrees with 
an amendment, can the first house depart from the form 
which they have fixed by an adherence. 

In the case of a money bill, the lords proposed amend¬ 
ments, become, by delay, confessedly necessary. The com¬ 
mons, however, refused them, as infringing on their privilege 
as to money bills; but they offered themselves to add to the 
bill a proviso to the same effect, which had no coherence 
with the lords’ amendments; and urged that it was an expe¬ 
dient warranted by precedent, and not unparliamentary in a 
case become impracticable, and irremediable in any other 
way. 3 Hats. 256, 266, 270, 271. But the lords refused, 
and the bill was lost. 1 Chand. 288. A like case, 1 Chand. 

311. So the commons resolve that it is unparliamentary to 

strike out at a conference any thing in a bill which hath been 
agreed and passed by both houses. 6 Grey, 274. 1 Chand. 

312. 

A motion to amend an amendment from the other house, 
takes precedence of a motion to agree or disagree. 

A bill originating in one house is passed by the other with 
an amendment. 

The originating house agrees to their amendment with an 
amendment. The other may agree to their amendment with 
an amendment, that being only in the 2d and not the 3d 
degree; for, as to the amending House, the first amendment 
with which they passed the bill, is a part of its text; it is the 
only text they have agreed to. The amendment to that text 
by the originating house, therefore, is only in the 1st degree, 
and the amendment to that again by the amending house is 
only in the 2d, to wit, an amendment to an amendment, and 
so admissible. Just so, when, on a bill from the originating 
house, the other, at its 2d reading, makes an amendment: 
on the 3d reading this amendment is become the text of the 
bill, and if an amendment to it be moved, an amendment to 
that amendment may also be moved, as being only in the 2d 
degree. . > 


124 


MANUAL. 


SEC. XLVI.-CONFERENCES. 

It is on the occasion of amendments between the houses 
that conferences are usually asked; but they may be asked 
in all cases of difference of opinion between the two houses 
on matters depending between them. . The request of a con¬ 
ference, however, must always be by the house which is pos¬ 
sessed of the papers. 3 Hats. 31. 1 Grey , 425. 

Conferences may be either simple or free. At a conference 
simpty, written reasons are prepared by the house asking it, 
and they are read and delivered without debate to the mana¬ 
gers of the other house at the conference ; but are not then 
to be answered. 4 Grey , 144. The other house then, if sa¬ 
tisfied, vote the reasons satisfactory, or say nothing: if not 
satisfied, they resolve them not satisfactory, and ask a confer¬ 
ence on the subject* of the last conference, where they read 
and deliver, in like manner, written answers to those reasons. 
3 Grey , 183. They are meant chiefly to record the justifica¬ 
tion of each house to the nation at large, and to posterity, and 
in proof that the miscarriage of a necessary measure is not 
imputable to them. 3 Grey , 255. At free conferences, the 
managers discuss, viva voce and freely, and interchange pro¬ 
positions/or such modifications as may be made in a parlia¬ 
mentary way, and may bring the sense of the two houses to¬ 
gether. And each party reports in writing to their respective 

hcftses the substance of what is said on both sides, and it is 

* 

entered in their journals. 9 Grey, 220. 3 Hats. 2S0. This 

report cannot be amended or altered, as that of a committee 
may be. Journ. Senate , May 24, 1796. 

A conference may be asked, before the house asking it has 
come to a resolution of disagreement, insisting or adhering. 
3 Hats. 269, 341. In which case the papers are not left with 
the other conferees, but are brought back to be the foundation 
of the vote to be given. And this is the most reasonable and 
respectful proceeding; for, as was urged by the lords on a 
particular occasion, “ it is held vain, and below the wisdom 


CONFERENCES. 


125 


of Parliament, to reason or argue against fixed resolutions, 
and upon terms of impossibility to persuade.” 3 Hats. 226. 
So the commons say, “an adherence is never delivered at a 
free conference, which implies debate.” 10 Grey , 137. And 
on another occasion the lords made it an objection that the 
commons had asked a free conference after they had made 
resolutions of adhering. It was then affirmed, however, on 
the part of the commons, that nothing was more parliament¬ 
ary than to proceed with free conferences after adhering, (3 
Hats. 269,) and we do in fact see instances of conference, or 
of free conference, asked after the resolution of disagreeing, 
3 Hats. 251, 253, 260, 286, 291, 316, 349; of insisting, ib. 2S0, 
296, 299, 319, 322, 355; of adhering, 269, 270, 283, 300; and 
even of a second or final adherence. 3 Hats. 270. And in 
all cases of conference asked after a vote of disagreement, &c., 
the conferees of the house asking it are to leave the papers 
with the conferees of the other ; and in one case where they 
refused to receive them, they were left on the table in the con¬ 
ference chamber. Ib. 271, 317, 323, 354. 10 Grey , 146. 

After a free conference, the usage is to proceed with free 
conferences, and not to return again to a conference. 3 Hats. 
270. 9 Grey , 229. 

After a conference denied, a free conference maybe asked. 
1 Grey , 45. 

When a conference is asked, the subject of it must be ex¬ 
pressed, or the conference not agreed to. Ord. H. Com. 89. 
1 Grey , 425. 7 Grey , 31. They are sometimes asked to in¬ 

quire concerning an offence or default of a member of the 
other house. 6 Grey , 181. 1 Cliand. 304. Or the failure 

of the other house to present to the King a bill passed by 
both houses, 8 Grey , 302. Or on information received, and 
relating to the safety of the nation, 10 Grey , 171. Or when 
the methods of Parliament are thought by the one house to 
have been departed from by the other, a conference is asked 
to come to a right understanding thereon. 10 Grey, 14S. feo 
when an unparliamentary message has been sent, instead of 


126 


MANUAL. 


answering it, they ask a conference. 3 Grey , 155. For¬ 
merly an address or articles of impeachment, or a bill with 
amendments, or a vote of the House, or concurrence in a 
vote, or a message from the King, were sometimes commu¬ 
nicated by way of conference. 6 Grey , 128, 300, 387. 7 

Grey , 80. 8 Grey, 210, 255. 1 Torbuclds Deb. 278. 10 

Grey, 293. 1 Chandler, 49, 287. But this is not the modern 

practice. 8 Grey, 255. 

A conference has been asked after the first reading of a 
bill. 1 Grey, 194. This is a singular instance. 

SEC. XLVII.-MESSAGES. 

Messages between the houses are to be sent only while 
both houses are sitting. 3 Hats. 15. They are received du¬ 
ring a debate without adjourning the debate. 3 Hats. 22. 

[In Senate the messengers are introduced in any state of 
business, except, 1. While a question is putting. 2. While 
the yeas and nays are calling. 3. While the ballots are 
counting. Rule 46. The first case is short: the second and 
third are cases where any interruption might occasion errors 
difficult to be corrected. So arranged June 15, 1798.] 

In the House of Representatives, as in Parliament, if the 
House be in committee when a messenger attends, the Speak¬ 
er takes the chair to receive the message, and then quits -it to 
return into committee, without any question or interruption. 
4 Grey, 226. 

Messengers are not saluted by the members, but by the 
Speaker for the House. 2 Grey, 253, 274. 

If messengers commit an error in delivering their message,, 
they may be admitted or called in to correct their message. 
4 Grey, 41. Accordingly, March 13, 1800, the Senate hav¬ 
ing made two amendments to a bill from the House of Rep¬ 
resentatives, their Secretary, by mistake, delivered one only; 
which being inadmissible by itself, that house disagreed, and 
notified the Senate of their disagreement. This produced a 
discovery of the mistake. The Secretary was sent to the 


MESSAGES. 


127 


other house to correct his mistake, the correction was re¬ 
ceived, and the two amendments acted on de novo. 

As soon as the messenger, who has brought bills from the 
other house, has retired, the Speaker holds the bills in his 
hand, and acquaints the House “ that the other house have by 
their messenger sent certain bills,” and then reads their titles, 
and delivers them to the clerk, to be safely kept till they 
shall be called for to be read. Hakew. 178. 

It is not the usage lor one house to inform the other by 
what numbers a bill has passed. 10 Grey , 150. Yet they have 
sometimes recommended a bill, as of great importance, to the 
consideration of the house to which it is sent. 3 Hals. 25. 
Nor when they have rejected a bill from the other house, do 
they give notice of it; but it passes sub silentio, to prevent 
unbecoming altercations. 1 Blackst. 183. 

[But in Congress the rejection is notified by message to the 
house in which the bill originated.] 

A question is never asked by the one house of the other by 
way of message, but only at a conference; for this is an in¬ 
terrogatory, not a message. 3 Grey , 151, 181. 

When a bill is sent by one house to the other, and is neg¬ 
lected, they may send a message to remind them of it. 3 
Hats. 25. 5 Grey, 154. But if it be mere inattention, it is 

better to have it done informally, by communications between 
the speakers or members of the two houses. 

Where the subject of a message is of a nature that it can 
properly be communicated to both houses of Parliament, it is 
expected that this communication should be made to both on 
the same day. But where a message was accompanied with 
an original declaration, signed by the party to which the mes¬ 
sage referred, its being sent to one house was not noticed by 
the other, because the declaration, being original, could not 
possibly be sent to both houses at the same time. 2 Hats. 
260, 261, 262. 

The King having sent original letters to the commons, af¬ 
terwards desires they may be returned, that he may commu¬ 
nicate them to the lords. 1 Chandler , 303. 


128 


MANUAL. 


SEC. XLVIII.-ASSENT. 

The house which has received a bill and passed it may 
present it for the King’s assent, and ought to do it, though 
they have not by message notified to the other their passage 
of it. Yet the notifying by message is a form which ought to 
be observed between the two houses from motives of respect 
and good understanding. 2 Hats. 242. Were the bill to be 
withheld from being presented to the King, it would be an 
infringement of the rules of Parliament, lb. 

[When a bill has passed both houses of Congress, the 
house last acting on it notifies its passage to the other, and 
delivers the bill to the Joint Committee of Enrolment, who 
see that it is truly enrolled in parchment.] When the bill is 
enrolled, it is not to be written in paragraphs, but solidly, and 
all of a piece, that the blanks between the paragraphs may 
not give room for forgery. 9 Grey , 143. [It is then put into 
the hands of the Clerk of the House of Representatives to 
have it signed by the Speaker. The Clerk then brings it by 
way of message to the Senate to be signed by their President. 
The Secretary of the Senate returns it to the Committee of 
Enrolment, who present it to the President of the United States. 
If he approve, he signs, and deposites it among the rolls in the 
office of the Secretary of State, and notifies by message the 
house in which it originated that he has approved and signed 
it; of which that house informs the other by message. If 
the President disapproves, he is to return it, with his ob¬ 
jections, to that house in which it shall have originated ; who 
are to enter the objections at large on their journal, and pro¬ 
ceed to reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it shall be 
sent, together with the President’s objections, to the other 
house, by which it shall likewise be reconsidered; and if ap¬ 
proved by two-thirds of that house, it shall become a law. 
If any bill shall not be returned by the President within ten 
days (Sundays excepted) after it shall have been presented 


JOURNALS. 129 

to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress, by their adjournment, prevent 
its return; in which case it shall not be a law. Const . 
U. S. I. 7.] 

[Every order, resolution, or vote, to which the concurrence 
of the Senate and House of Representatives may be neces- 
sary, (except on a question of adjournment,) shall be presented 
to the President of the United States, and before the same 
shall take effect, shall be approved by him; or being disap¬ 
proved by him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the rules and lim¬ 
itations prescribed in the case of a bill. Const. U. S. I. 7.] 

SEC. XLIX.-JOURNALS. 

[Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may, in their judgment, require secrecy. Const. I. 5.] 

[The proceedings of the Senate, when not acting as in a 
Committee of the Whole, shall be entered on the journals, as 
concisely as possible, care being taken to detail a true account 
of the proceedings. Every vote of the Senate* shall be entered 
on the journals, and a brief statement of the contents of each 
petition, memorial, or paper presented to the Senate, be also 
inserted on the journal. Rule 32.] 

[The titles of bills, and such parts thereof, only, as shall be 
affected by proposed amendments, shall be inserted on the 
journals. Rule 31.] 

If a question is interrupted by a vote to adjourn, or to pro¬ 
ceed to the orders of the day, the original question is never 
printed in the journal, it never having been a vote, nor intro¬ 
ductory to any vote ; but when suppressed by the previous 
question, the first question must be stated, in order to intro¬ 
duce and make intelligible the second. 2 Hats. 83. 

So also when a question is postponed, adjourned, or laid on 
the table, the original question, though not yet a vote, must be 
9 


130 


MANUAL. 


expressed in the journals ; because it makes part of the vote 
of postponement, adjourning, or laying it on the table. 

Where amendments are made to a question, those amend¬ 
ments are not printed in the journals, separated from the ques¬ 
tion ; but only the question as finally agreed to by the House. 
The rule of entering in the journals only what the House has 
agreed to, is founded in great prudence and good sense; as 
there may be many questions proposed, which it may be im¬ 
proper to publish to the world in the form in which they are 
made. 2 Hats. 85. 

[In both houses of Congress, all questions whereon the 
yeas and nays are desired by one-fifth of the members present, 
whether decided affirmatively or negatively, must be entered 
in the journals. Const . I. 5.] 

The first order for printing the votes of the House of Com¬ 
mons was October 30, 1685. 1 Chandler , 387. 

Some judges have been of opinion that the journals of the 
House of Commons are no records, but only remembrances. 
But this is not law. Hob. 110, 111 . Lex . Pari . 114, 115. 
Jour. H. C. Mar. 17, 1592. Hale. Pari. 105. For the lords 
in their house have power of judicature, the commons in 
their house have power of judicature, and both houses to¬ 
gether have power of judicature ; and the book of the Clerk 
of the House of Commons is a record, as is affirmed by act 
of Pari. 6 if. 8, c. 16; 4 List. 23, 24; and every member of 
the House of Commons hath a judicial place. 4 Inst. 15. As 
records they are open to every person, and a printed vote of 
either house is sufficient ground for the other to notice it. 
Either may appoint a committee to inspect the journals of the 
other, and report what has been done by the other in any par¬ 
ticular case. 2 Hats. 261. 3 Hats. 27-30. Every member 
has a right to see the journals, and to take and publish votes 
from them. Being a record, every one may see and publish 
them. 6 Grey , 118, 119. 

On information of a mis-entry or omission of an entry in 
the journal, a committee may be appointed to examine and 
rectify it, and report it to the House. 2 Hals. 194, 5. 


ADJOURNMENT-A SESSION. 


131 


SEC. L.-ADJOURNMENT. 

The two houses of Parliament have the sole, separate, and 
independent power of adjourning each their respective houses. 
The King has no authority to adjourn them; he can only sig¬ 
nify his desire, and it is in the wisdom and prudence of either 
house to comply with his requisition, or not, as they see 
fitting. 2 Hats. 232. 1 Blackstone , 186. 5 Grey , 122. 

[By the Constitution of the United States a smaller number 
than a majority may adjourn from day to day. I. 5. But 
“ neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting.” I. 5. And in case of disagreement between 
them, with respect to the time of adjournment, the President 
may adjourn them to such time as he shall think proper. 
Const. II. 3.] 

A motion to adjourn, simply, cannot be amended, as by 
adding “to a particular day;” but must be put simply “that 
this House do now adjourn?” and if carried in the affirmative, 
it is adjourned to the next sitting day, unless it has come to a . 
previous resolution, “that at its rising it will adjourn to a 
particular day,” and then the House is adjourned to that day. 

2 Hats . 82. 

Where it is convenient that the business of the House be 
suspended for a short time, as for a conference presently to 
be held, &c., it adjourns during pleasure; 2 Hats. 305; or 
for a quarter of an hour. 5 Grey , 331. 

If a question be put for adjournment, it is no adjournment 
till the Speaker pronounces it. 5 Grey , 137. And from cour¬ 
tesy and respect, no member leaves his place till the Speaker 
has passed on. 

SEC. LI.-A SESSION. 

Parliament have three modes of separation, to wit: by 
adjournment, by prorogation or dissolution by the King, or by 
the efflux of the term for which they were elected. Proro- 


132 


MANUAL. 


gation or dissolution constitutes there what is called a session; 
provided some act has passed. In this case all matters de¬ 
pending before them are discontinued, and at their next meet¬ 
ing are to be taken up de novo, if taken up at all. 1 Blackst. 186. 
Adjournment, which is by themselves, is no more than a con¬ 
tinuance of the session from one day to another, or for a fort¬ 
night, a month, &c., ad libitum. All matters depending re¬ 
main in statu quo, and when they meet again, be the term 
ever so distant, are resumed without any fresh commence¬ 
ment, at the point at which they were left. 1 Lev. 165. Lex. 
Pari. c. 2. 1 Ro. Rep. 29. 4 List. 7, 27, 28. Hutt. 61. 1 Mod, 
252. Ruffh. Jac. L. Diet. Parliament. 1 Blackst. 186. Their 
whole session is considered in law but as one day, and has 
relation to the first day therof. Bro. Abr. Parliament, 86. 

Committees may be appointed to sit during a recess by ad¬ 
journment, but not by prorogation. 5 Grey, 374. 9 Grey , 350. 
1 Chandler, 50. Neither house can continue any portion of 
itself in any parliamentary function, beyond the end of the 
session, without the consent of the other two branches. When 
done, it is by a bill constituting them commissioners for the 
'particular purpose. 

[Congress separate in two wa}^s only, to wit: by adjourn¬ 
ment,* or dissolution by the efflux of their time. What, then, 
constitutes a session with them ? A dissolution closes one 
session, and the meeting of the new Congress begins another. 
The Constitution authorizes the President, “on extraordinary 
occasions, to convene both houses, or either of them.” I. 3. 
If convened by the President’s proclamation, this must begin 
a new session, and of course determine the preceding one to 
have been a session. So if it meets under the clause ol the 
Constitution, which says, “the Congress shall assemble at 
least once in every year, and such meeting shall be on the 
first Monday in December, unless they shall by law appoint 
a different day.” I. 4. This must begin a new session; for 
even if the last adjournment was to this day, the act of ad¬ 
journment is merged in the higher authority of the Constitu- 


TREATIES. 


133 


tion, and the meeting will be under that, and not under their 
adjournment. So far we have fixed landmarks for determin¬ 
ing sessions. In other cases it is declared by the joint vote 
authorizing the President of the Senate and the Speaker to 
close the session on a fixed day, which is usually in the fol¬ 
lowing form: “Resolved by the Senate and House of Repre¬ 
sentatives, that the President of the Senate and the Speaker 
of the House of Representatives be authorized to close the 
present session by adjourning their respective houses on the 
-day of-.”] 

When it was said above that all matters depending before 
Parliament were discontinued by the determination of the 
session, it was not meant for judiciary cases, depending be¬ 
fore the House of Lords, such as impeachments, appeals and 
writs of error. These stand continued, of course, to the next 
session. Raym. 120, 381. Ruffh. Jack, L. D. Parliament. 

[Impeachments stand, in like manner, continued before the 
Senate of the United States.] 

SECTION LII.-TREATIES. 

[The President of the United States has power, by and 
with the advice and consent of the Senate, to make treaties, 
provided two-thirds of the Senators present concur. Const. 

U. S . II. 2.] 

[Resolved, that all confidential communications made by 
the President of the United States to the Senate, shall be, by 
the members thereof, kept secret; and that all treaties which 
may hereafter be laid before the Senate shall also be kept 
secret, until the Senate shall, by their resolution, take off the 
injunction of secrecy. Rule 38.] 

Treaties are legislative acts. A treaty is the law of the 
land. It differs from other laws only as it must have the con¬ 
sent of a foreign nation, being but a contract with respect to 
that nation. In all countries, I believe, except England, 
treaties are made by the legislative power; and there also, 




134 


MANUAL. 


if they touch the laws of the land, they must be approved by 
Parliament. Ware v. Hylton. 3 Dallas' Rep. 223. It is ac¬ 
knowledged, for instance, that the King of Great Britain can¬ 
not by a treaty make a citizen of an alien. Vattel, h. 1, c. 19, 
sec. 214. An act of Parliament was necessary to validate 
the American treaty of 1783. And abundant examples of 
such acts can be cited. In the case of the treaty of Utrecht, 
in 1712, the commercial articles required the concurrence of 
Parliament; but a bill brought in for that purpose was re¬ 
jected. France, the other contracting party, suffered these 
articles, in practice, to be not insisted on, and adhered to 
the rest of the treaty. 4 Russel's Hist. Mod. Europe , 457. 
2 Smollet , 242, 246. 

4 [By the Constitution of the United States, this department 
of legislation is confided to two branches only of the ordinary 
legislature ; the President originating, and the Senate having 
a negative. To what subjects this power extends, has not 
been defined in detail by the Constitution; nor are we entirely 
agreed among ourselves. 1. It is admitted that it must con¬ 
cern the foreign nation party to the contract, or it would be 
a mere nullity, res inter alios acta. 2. By the general power 
to make treaties, the Constitution must have intended to com¬ 
prehend only those subjects which are usually regulated by 
treaty, and cannot be otherwise regulated. 3. It must have 
meant to except out of these the rights reserved to the States ; 
for surely the President and Senate cannot do by treaty what 
the whole government is interdicted from doing in any way. 
4. And also to except those subjects of legislation in which it 
gave a participation to the House of Representatives. This 
last exception is denied by some, on the ground that it would 
leave ver} 7 little matter for the treaty power to work on. The 
less the better, say others. The Constitution thought it wise 
to restrain the Executive and Senate from entangling and 
embroiling our affairs with those of Europe. Besides, as the 
negotiations are carried on by the Executive alone, the sub¬ 
jecting to the ratification of the representatives such articles 


TREATIES. 


135 


as are within their participation, is no more inconvenient than 
to the Senate. But the ground of this exception is denied as 
unfounded. For examine, e. g ., the treaty of commerce with 
France, and it will be found that, out of 31 articles, there are 
not more than small portions of two or three of them which 
would not still remain as subjects of treaties, untouched by 
these exceptions.] 

[Treaties being declared, equally with the laws of the 
United States, to be the supreme law of the land, it is under¬ 
stood that an act of the legislature alone can declare them 
infringed and rescinded. This was accordingly the process 
adopted in the case of France in 179S.] 

[It has been the usage for the Executive, when it commu¬ 
nicates a treaty to the Senate for their ratification, to com¬ 
municate also the correspondence of the negotiators. This 
having been omitted in case of the Prussian treaty, was 
asked by a vote of the House, of February 12, 1800, and 
was obtained. And in December, 1800, the convention of 
that year between the United States and France, with the 
report of the negotiations by the envoys, but not their in¬ 
structions, being laid before the Senate, the instructions were 
asked for and communicated by the President.] 

[The mode of voting on questions of ratification is by 
nominal call.] 

[Whenever a treaty shall be laid before the Senate for rati¬ 
fication, it shall be read a first time lor information only ; 
when no motion to reject, ratify, or modify the whole, or any 
part, shall be received. Its second reading shall be for con¬ 
sideration, and on a subsequent da} r , when it shall be taken 
up as in a committee of the whole, and every one shall be 
free to move a question on any particular article, in this form, 
“Will the Senate advise and consent to the ratification of this 
article?” or to propose amendments thereto, either by insert¬ 
ing or by leaving out words, in which last case the question 
shall be, “Shall the words stand part of the article?” And 
in every of the said cases, the concurrence of two-thirds of 


136 


MANUAL. 


the Senators present shall be requisite to decide affirmatively. 
And, when through the whole, the proceedings shall be stated 
to the house, and questions be again severally put thereon 
for confirmation, or new ones proposed, requiring in like 
manner a concurrence of two-thirds for whatever is retained 
or inserted.] 

[The votes so confirmed shall, by the house, or a com¬ 
mittee thereof, be reduced into the form of a ratification, with 
or without modifications, as may have been decided, and shall 
be proposed on a subsequent day, when everyone shall again 
be free to move amendments, either by inserting or leaving 
out words; in which last case the question shall be, “ Shall 
the words stand part of the resolution?” And in both cases 
the concurrence of two-thirds shall be requisite to carry the 
affirmative; as well as on the final question to advise and 
consent to the ratification in the form agreed to. Rule 37.] 

[When any question may have been decided by the Senate, 
in which two-thirds of the members present are necessary to 
carry the affirmative, any member who voted on that side 
which prevailed in the question, may be at liberty to move 
for a reconsideration; and a motion for reconsideration shall 
be decided by a majority of votes. Rule 44.] 

SEC. LIII.-IMPEACHMENT. 

[The House of Representatives shall have the sole power 
of impeachment. Const. U. S. I. 3.] 

[The Senate shall have the sole power to try all impeach¬ 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside; and no person shall be 
convicted without the concurrence of two-thirds of the mem¬ 
bers present. Judgment in cases of impeachment shall not 
extend further than to removal from office, and disqualifica¬ 
tion to hold and enjoy any office of honor, trust, or profit 
under the United States. But the party convicted shall never- 


IMPEACHMENT. 


137 


theless be liable and subject to indictment, trial, judgment and 
punishment, according to law. Const. I. 3.] 

[The President, Vice President, and all civil officers of the 
United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes 
and misdemeanors. Const. II. 4.] 

[The trial of crimes, except in cases of impeachment, shall 
be by jury. Const. III. 2.] 

These are the provisions of the Constitution of the United 
States on the subject of impeachments. The following is a 
sketch of some of the principles and practices of England on 
the same subject: 

Jurisdiction. The lords cannot impeach any to themselves, 
nor join in the accusalion, because they are the judges. Sold. 
Judic. in Pari. 12, 63. Nor can they proceed against a com¬ 
moner but on complaint of the commons. Id. 84. The lords 
may not, by the law, try a commoner for a capital offence, 
on the information of the King or a private person, because 
the accused is entitled to a trial by his peers generally; but 
on accusation by the House of Commons, they may proceed 
against the delinquent, of whatsoever degree, and whatsoever 
be the nature of the offence; for there they do not assume to 

themselves trial at common law. The commons are then in- 

\ 

stead of a jury, and the judgment is given on their demand, 
which is instead of a verdict. So the lords do only judge, 
but not try the delinquent. Id. 6, 7. But Wooddeson denies 
that a commoner can now be charged capitally before the 
lords, even by the commons; und cites Fitzharris’s case, 
1681, impeached of high treason, where the lords remitted 
the prosecution to the inferior court. 8 Grey's Deb. 325-7. 
^ Wooddeson , 601, 576. 3 Seld. 1610, 1619, 1641. 4 Blackst. 
257. 3 Seld. 1604, 1618; 9, 1656. 

Accusation. The commons, as the grand inquest of the 
nation, become suitors for penal justice. 2 Woodd. 597. 6 

Grey , 356. The general course is to pass a resolution con¬ 
taining a criminal charge against the supposed delinquent, 


138 


MANUAL. 


and then to direct some member to impeach him by oral 
accusation, at the bar of the House of Lords, in the name ol 
the commons. The person signifies that the articles will be 
exhibited, and desires that the delinquent may be sequestered 
from his seat, or be committed, or that the peers will take 
order for his appearance. Sachev. Trial , 325. 2 JVoodd. 602, 
605. Lords' Journ. 3 June , 1701. 1 Wms. 616. 6 Grey , 324. 

Process. If the party do not appear, proclamations are 
to be issued, giving him a day to appear. On their return 
they are strictly examined. If any error be found in them, 
a new proclamation issues, giving a short day. If he appear 
not, his goods may be arrested, and they may proceed. Seld. 
Jud. 98, 99. 

Articles. The accusation (articles) of the commons is sub¬ 
stituted in place of an indictment. Thus, by the usage of 
Parliament, in impeachment for writing or speaking, the par¬ 
ticular words need not be specified. Sack. Tr. 325. 2 JVoodd. 
602, 605. Lords’’ Journ. 3 Line, 1701. 1 Wms. 616. 

Appearance. If he appears, and the case be capital, he 
answers in custody: though not if the accusation be general. 
He is not to be committed but on special accusations. If it 
be for a misdemeanor only, he answers, a lord in his place, a 
commoner at the bar, and not in custody, unless, on the an¬ 
swer, the lords find cause to commit him, till he find sureties 
to attend, and lest he should fly. Seld. Jud. 98, 99. A copy 
of the articles is given him, and a day fixed for his answer. 
T. Lay. 1 Lushw. 268. Lost. 232. 1 Clar. Hist, of the Leh. 
379. On a misdemeanor, his appearance may be in person, 
or he may answer in writing, or by attorney. Seld. Jud. 
100. The general rule on an accusation for a misdemeanor, 
is, that in such a state of liberty or restraint as the party is 
when the commons complain of him, in such he is to answer. 
Id. 101. If previously committed by the commons, he an¬ 
swers as a prisoner. But this may be called in some sort 
judicium parium suorum. lb. In misdemeanors the party 
has a right to counsel by the common law, but not in capital 
cases. Seld. Jud. 102-5. 


IMPEACHMENT. 


139 


Answer. The answer need not observe great strictness 
ot form. He may plead guilty as to part, and defend as to 
the residue; or, saving all exceptions, deny the whole, or 
give a particular answer to each article separately. 1 1Rush, 
274. 2 Rush. 1374. 12 Pari. Hist. 442. 3 Lords' Journ. 13 
Nov. 1643. 2 Woodd. 607. But he cannot plead a pardon 

in bar to the impeachment. 2 Woodd. 615. 2 St. Tr. 735. 

Replication, rejoinder, &c. There may be a replication, 
rejoinder, &c. Sel. Jud. 114. 8 Grey's Deb. 233. Sack. Tr. 

15. Journ. H. of Commons , 6 March , 1640, 1. 

Witnesses. The practice is to swear the witnesses in 
open House, and then examine them there; or a committee 
may be named, who shall examine them in committee, either 
on interrogatories agreed on in the House, or such as the 
committee in their discretion shall demand. Seld. Jud. 120, 
123. 

Jury. In the case of Alice Pierce, 1 R. 2, a jury was em- 
pannelled for her trial before a committee. Seld. Jud. 123. 
But this was on a complaint, not on impeachment by the com¬ 
mons. Seld. Jud. 163. It must also have been for a misde¬ 
meanor only, as the lords spiritual sat in the case, which they 
do on misdemeanors, but not in capital cases. Id. 148. The 
judgment was a forfeiture of all her lands and goods. Id. 
1S8. This, Selden says, is the only jury he finds recorded in 
Parliament f >r misdemeanors: but he makes no doubt, if the 
delinquent doth put himself on the trial of his country, a jury 
ought to be empannelled, and he adds that it is not so on 
impeachment by the commons; for they are in loco proprio, 
and there no jury ought to be empannelled. Id. 124. The 
Ld. Berkeley, 6 E. 3, was arraigned for the murder of L. 
2, on an information on the part of the King, and not on 
impeachment of the commons; for then they had been patria 
sua. He waived his peerage, and was tried by a jury of 
Gloucestershire and Warwickshire. Id. 125. In 1 II. 7, the 
commons protest that they are not to be considered as par¬ 
ties to any judgment given, or hereafter to be given, in Par- 


140 


MANUAL. 


/ 


liament. Id. 133. They have been generally and more 
justly considered, as is before stated, as the grand jury; tor 
the conceit of Selden is certainly not accurate, and they are 
the patria sua of the accused, and that the lords do only 
judge, but not try. It is undeniable that they do try; for 
they examine witnesses as to the facts, and acquit or con¬ 
demn, according to their own belief of them. And Lord Hale 
says, “the peers are judges of law as well as of fact;” 2 
Hale , P. C. 275; consequently of fact as well as of law. 

Presence of commons. The commons are to be present 
at the examination of witnesses. Seld. Jud. 124. Indeed, 
they are to attend throughout, either as a committee of the 
whole house, or otherwise, at discretion, appoint managers 
to conduct the proofs. Rushw. Tr. of Straff. 37. Com. Journ . 
4 Feb. 1709-10. 2 Woodd. 614. And judgment is not to be 

given till they dema-nd it. Seld. Jud . 124. But they are not 
to be present on impeachment when the lords consider of the 
answer or proofs, and determine of their judgment. Their 
presence, however, is necessary at the answer and judgment 
in cases capital (Id. 58, 159) as well as not capital; 162. 
The lords debate the judgment among themselves. Then the 
vote is first taken on the question of guilty or not guilty; and 
if they convict, the question, or particular sentence, is out of 
that which seemeth to be most generally agreed on. Seld. 
Jud. 167. 2 Woodd. 612. 

Judgment. Judgments in Parliament, for death, have been 
strictly guided per legem terrae, which they cannot alter ; and 
not at all according to their discretion. They can neither 
omit any part of the legal judgment, nor add to it. Their 
sentence must be .secundum, non ultra legem. Seld, Jud. 
168-171. This trial, though it varies in external ceremony, 
yet differs not in essentials from criminal prosecutions before 
inferior courts. The same rules of evidence, the same legal 
notions of crimes and punishments, prevail; for impeach¬ 
ments are not framed to alter the law, but to carry it into 
more effectual execution against two powerful delinquents. 


IMPEACHMENT. 


141 


The judgment, therefore, is to be such as is warranted by 
legal principles or precedents. 6 Sta. Tr. 14. 2 Woodd. 611. 
The chancellor gives judgment in misdemeanors; the lord 
high steward formerly in cases of life and death. Seld. Jud. 
180. But now the steward is deemed not necessary. Fost. 
144. 2 Woodd. 613. In misdemeanors the greatest corporal 

punishment hath been imprisonment. Seld. Jud. 184. The 
King’s assent is necessary in capital judgments, (but 2 Woodd . 
614, contra,) but not in misdemeanors. Seld. Jud. 136. 

Continuance. An impeachment is not discontinued by the 
dissolution of Parliament, but may be resumed by the new 
Parliament. T. Ray. 383. 4 Com. Jourp. 23 Dec. 1790. 

Lords' Jour., May 16, 1791. 2 Woodd. 618. 










INDEX TO THE MANUAL, 

% 


A. 

Page. 

Absence, not allowed without leave. 63 

provision in cases of. 63 

Address, how presented......... 65 

Adhere, question discussed... 110 

effect of a vote to.. 122 

should be two conferences before vote to. 122 

Adjournment, motion for, cannot be amended. 131 

rules and regulations in respect to. 131 

a question is removed by. 109 

of the session, all unfinished business falls. 120 

of the session, modes and manner discussed. 131,132 

to be declared by the Speaker. 131 

for more than three days, by concurrent votes. 131 

provision for disagreement respecting. 131 

effect of, on business depending.. 132,133 

Amendment to bills, (see also Bills) . 89 

proceedings in relation to. 83,86 

how to be reported. 87 

fall on recommitment. 88 

in the third degree not admissible. 100,123 

discussion of the nature and coherence of. 104,107 

Speaker cannot refuse to receive, because incon¬ 
sistent . 103,104 

Amendment, may totally change the subject. 104 

if House refuse to strike out a paragraph, it cannot be 

amended. 105 

a new bill may be engrafted on another.- 104 

mode of proceeding on amendments between the houses. 121,123 
made in Committee of the Whole falls by a reference.. 90 

proposed, inconsistent with one adopted, may be put ... 104 

may be amended prior to adoption, but not after . 105 

(proposed,) by striking out , and lost, the paragraph pro¬ 
posed to be stricken out cannot be amended. 105 

not identical or equivalent to one lost may be proposed. 106 

by insertion, how far liable to further amendment. 106,107 































144 


INDEX TO THE MANUAL. 


Page. 

Apportionment of representatives, table of. 61,62 

Appropriation made by resolution..... 62 

Arrest, definition of privilege from. 53,58 

terminates with the session. 80 

Assault and affrays in the House, how settled. 76,77 

Assent to bills by the Executive, regulations respecting. 128 

Ayes and noes, how questions are determined by. 114,116 

no member to vote if not present. 117 

B. 

Bills, engrossed, must not be looked into. 73 

to be fairly written, or Speaker may refuse them. 82 

amendments fall if recommitted. 88 

a particular clause may be recommitted. 88 

amendments, how proceeded with. 84,88,89 

amendments fall if referred to committee. 90 

proceedings on second reading. 91 

time for attacking or opposing. 92,113 

what constitutes possession. 94 

one bill may be engrafted on another. 104,107 

one house may pass with blanks and be filled in the other. 107 

on third reading, forms observed. 112 

on third reading, may be committed. 112 

on third reading, amended by riders . 113 

on third reading, blanks filled. 113 

cannot be altered after passage. 113 

new, concerning their introduction. 79, 80 

to receive three readings, &c. 82 

how brought in on notice and leave. 82 

forms in introducing. 83 

not amended at first reading... 83 

proceedings on second reading. 83, 91, 92 

how and to whom committed. 83,84 

shall be read twice before commitment. 84 

not to be referred to avowed opponents.. 84 

referred, may be delivered to any of the committee. 84 

amendments between the houses, mode of proceeding. 121,122 

by whom to be taken from house to house. 126 

may be specially commended to notice of the other house. 127 

rejected, course to be pursued. 127 

if one house neglects a bill, the other may remind of it. 127 

how to be enrolled, signed, and presented to President. 128 

amendments to, cannot be receded from or insisted on by the 
amending house with a further amendment. 122,123 











































INDEX TO THE MANUAL. 145 

Page. 

Bills, amendment to an amendment has precedence over a motion to 

agree or disagree. 123 

amendments to amendments, how far admissible. ' 123 

proceedings upon, in Committee of the Whole,-&c.-. 90 

titles, when made. 118 

reconsideration, when and how the question may be moved_ 119,136 

reconsideration, at what time to be moved. 119 

reconsideration, effect of a vote for. 119 

rejected, relating to their being brought in during the same 

session. 120 

originating in one house, rejected in the other, may be renewed 

in the rejecting house. 120 

expedients for remedying omissions in. 120 

mode of proceeding when founded on facts requiring explanation. 121 

effect of a vote to insist or adhere. 122 

conferences upon, at what stages and by whom asked. 124 

papers relating to, to be left with the conferees of the house 

acceding to the conference . 124 

enrolling. 128 

proceedings when disapproved. 128,129 

not returned in ten days to be laws, unless an adjournment in¬ 
tervene . 128,129 

Blanks, longest time, largest sum, first put. 100 

bills may be passed with, and be filled in other house. 107 

may be filled in engrossed bills. 113 

construction of the rule for filling. 106 

Breach of peace, mode of proceeding on charge of. 57,58 

Bribery, (Randall and Whitney’s case,) breach of privilege. 55 

Business, order of, in Senate. 70,71 

a settled order in its arrangement useful. 70,71 

C. 

Call of the House, proceedings in case of.. 63 

Challenge, breach of privilege..... 55 

Chairman of committee elected. 65 

of Committee of the Whole may be elected. 67 

Change of vote, right to. 118 

Clerk puts questions before election of Speaker. 64 

to read standing. 91 

numbers the sections. 107 

may correct his errors. 126,127 

Committees cannot inquire concerning their members. 66 

must not sit when House is in session. 66 

may elect chairman.-. 65 

10 





































146 INDEX TO THE MANUAL. 

Page. 

Committees, manner of proceeding in. 85 

cannot reconsider or alter their own votes. 87 

how they report amendments. 87,83 

cannot sit in the recess after the Congress has expired... 132 

a member elect, though not returned, may be appointed 

on. 57 

standing. 65, 66 

forms and proceedings in. 65,66,85 

joint, how they act .. 66 

who shall compose. 84 

how appointed in Senate. 84 

time and place of meeting. 85 

majority of, to constitute a quorum. 85 

members of the House may be present at their sittings.. 85 

their power over a bill. 85 

have entire control of a report recommitted. 88 

dissolved by a report. 88 

how revived. 88 

may be discharged from instructions. 120 

when they may sit during recess. 132 

effect of a reference to, when a bill has been amended in 

Committee of the Whole. 90 

Committee of the Whole, great matters usually referred to. 66 

may elect their chairman. 67 

Speaker may resume chair if great disorder. 68 

manner of doing business in, in Senate. 89,90 

proceedings in. 66,67,85,89,90 

irregularly dissolved. 68 

cannot adjourn. 68 

report proceedings. 68 

subjects which have passed through may be 

referred to special committees. 89 

particulars which attach to. 90 

Communications, confidential, to be kept secret. 133 

Common fame a ground for proceeding. 69 

Conferences, common to have two, before vote to adhere. 122 

cannot alter anything on which the houses have agreed.. 123 

discussion of the nature and occasion of. 124 

report of, cannot be amended or altered.. 124 

papers left with conferees of house agreeing to. 124 

w r hen, by which house, and at what stages to be asked... 124 

Coexisting questions discussed. 109 

Counsel may be heard on private bills and law points. 70 





































INDEX TO THE MANUAL. 147 

Page. 

Count of the House may be called, (see Division of House) . 63 

Covered, when members are not to be. 78 

D. 

Debate, no one to speak impertinently, superfluously, or tediously.... 74 

not cut off till both sides of the question be put. Ill 

forms and proprieties to be observed in. 73,74 

the Speaker not allowed to engage in, except on points of 

order. 74 

proceedings of the House not to be censured. 74 

personalities to be prohibited. 75 

motives not to be arraigned. 75 

violation of order in, to be suppressed by the Speaker. 76, 77 

disorderly words not to be noticed until the member has 

finished. 76 

disorderly words, when taken down. 76 

proceedings of the other house not to be noticed in. 77 

members concerned or implicated by the subject of, ought to 

withdraw. 78 

Decorum, points of, (see Debate) . 77,78 

Defamatory'publications breach of privilege. 55 

Disorder in Committee of the IVhole, Speaker to resume chair if great. 68 

members creating, proceedings .. 76 

Disorderly words, how and when taken down. 76 

Division of the House, practice in ascertaining. 114,117 

Division of questions , discussed. 107,108,109 

Doors, rule respecting their being closed. 79 

ought not to be shut, to be kept by persons appointed. 79 

Dud, challenge to, breach of privilege. 55 

E. 

Elections, time, place, and manner of holding. 60 

of members to be judged by each house. 60 

Engrossed bills, not to be looked into. 73 

Errois cannot be corrected hi Committee of the Whole. 73 

various modes of correcting. 120 

Clerk may correct his own. 126,127 

Equivalent questions discussed.-.-. 110 

F. 

Felony, mode of proceeding on charge of. 58 

G. 

Gallery, clearing of. 79 

Committee of the Whole cannot punish for disorder in. 90 

































148 


INDEX TO THE MANUAL. 


H. 

Page. 

Hats, when to be taken off. 78 

House, division of, how ascertained. 114,117 

House of Representatives. (See Representatives.) 

I. 

Impeachment, sketch of the law of Parliament respecting. 136,141 

Inquiry or accusation, common fame a ground for. 69 

Insist, question discussed... 110,122 

effect of vote to. 122 

J. 

Journal shall be kept by each house. 129 

of each house to be published. 129 

shall show every vote. 129 

to contain a brief statement of every petition, paper, &c., 

presented. 129 

titles of bills and parts affected by amendments to be in¬ 
serted on. 129 

what questions shall be entered on. 129 

a record in law. 130 

subject to examination. 130 

directions as to making up. 129,130 

either house may notice and inspect journal of the other.... 130 

how it may be amended. 130 

K. 

King not to be spoken of irreverently, &c. 77 

L. 

Largest sum, question first put. 100 

Lie on table, call up at any time matters that. 96 

Longest time, question first put. 100 

M. 

Majority decides on general questions. 118 

Members and officers of one house not amenable to the other. 77 

must vote when question is put. 116,117 

not to vote unless present when question was put. 117 

Memorial. (See Petition.) 

Messages cannot be received in committee. 68 

nature of. 126,127 




























INDEX TO THE MANUAL. 


149 


Page. 

Messages, Executive, to be made to both houses at same time. 127 

when received. 126 

forms in receiving. 126 

errors in their delivery may be corrected. 126,127 

bills not acted on, the subjects of. 127 

Minority protected by adherence to rules. 51 

Mistakes. (See Errors.) 

Motion not to be put or debated until seconded. 81 

to be put in writing, if desired. 81 

to be read for information. 81 

to adjourn not in order w’hen a member has the floor. 81 

privileged, what shall be. 94 

removed from before House by adjournment, &e., (see Ques¬ 
tions) . 109 


N. 

Newspaper publications, defamatory, breach of privilege. 55 

O. 

Officers of either house, forms of nomination or election. 64 

of one house not amenable to the other. 77 

Onslow, Mr., his opinion of importance of rules. 51 

Order violated by Speaker by not putting question. 58 

“instances make” order. 72 

respecting papers, (see Papers) . 72,73 

in debate, (see Debate) ..... 73 

questions of, may be adjourned. 78 

decision of the Speaker on points of, may be controlled. 78 

a member may insist on the execution of a subsisting. 79 

Committee of the Whole cannot punish breach of. 90 

if point arise while question is putting, Speaker to decide 

promptly. 118 

Order of business, propriety of. 70 

for the Senate. 70 

Order of the day, how and when to be called up. 79 

may be discharged at any time. 79 

cannot be moved while member is speaking. 81 

take precedence of all questions. 95 

Order of the House determined with the session. 80 

Order, question of, to supersede a question depending. 101 

Order and resolution, distinction between. 82 

Order, special, rules upon subject of. 79, 95 

Opposition to bill, proper time to make. 92,113 






































150 


INDEX TO THE MANUAL. 


P. 

Papers and journals not to be removed from Clerk’s table. 

Papers, rules respecting their preservation. 

reading of, how far they may be called for. 

referred, usually read by title. 

to be left with conferees of the house acceding to conference. 
Parliament, each house of, may adjourn independently of the other.. 

Petition and remonstrance, distinction. 

Petition to be presented by a member—its form, &c. 

to be subscribed or written by petitioner. 

must go to committee through the House. 

question as to receiving. 

Postpone indefinitely, effect of a question to. 

Postpone beyond session, effect of. 

Preamble last considered... 

President of the Senate provided by the Constitution. 

may appoint chairman. 

President pro tempore to be chosen in the absence of the Vice Presi¬ 
dent . 

at what time his office shall determine. 

President of the United States, forms in presenting bills to. 

Previous question, its intention and effect. 

can an amendment be moved to main question.... 

cannot be put in committee. 

effect of. 

discussed. 

Priority and) . .. . . 

> oj motions, discussion of. 

Precedence ' 

Privilege of Parliament has gradually increased. 

of members of Parliament. 

of Senators and Representatives. 

of Senators, constructive extent. 

of the two houses, cases of alleged breach of. 

of members commence by virtue of election. 

of members must be ascertained at the peril of the party 

violating. 

of members the privilege of the House. 

a member cannot waive breach of. 

is violated by Speaker not putting a question which is in 

order. 

of one house in relation to the other, or in relation to a co¬ 
ordinate branch of the government. 

breach of, party summoned or sent for. 

breach of, by members, punishable by House only. 


Page. 

72 

72,73 

93 

94 
124 
131 

80 
80 
80 
66 
75, 81 

95 

96 
86,87 

64 

64 

64 

64 

128,129 
101 
102 
68 
91,95 
101 

94—101 

52 

52— 60 

53— 57 
55—57 

54— 56 
57 

57 

58 
58 

58 

59,77 

57 

58 





































INDEX TO THE MANUAL. 151 

Page. 

Privilege, breach of, by the King or Executive. 59 

members of one house cannot be summoned by the other.. 70 

neither house can exercise authority over members or offi¬ 
cers of the other. 77 

of a member where he is charged or interested, &c. 78 

question of, takes precedence of all. 101 

Privileged questions. (See Questions.) 

Q. 

Qualification of Senators. 60 

Quarrel in committee must be settled in House. 68 

members must declare they will not prosecute. 76 

question of privilege arising from, has precedence. 101 

Questions, general rule for putting. 94, 111 

the priority of certain, considered. 94 

removed from before House by adjournment. 109 

may be debated between the count of affirmative and nega¬ 
tive . Ill 

manner of putting. 113 

must not speak or move about when putting. 118 

must be decided promptly if difficulty arise. 118 

one house cannot question the other. 127 

privileged, what shall be.-. 94—101 

in filling blanks. 100,106 

in references to committees. 100 

in amending amendment and agree or disagree. 123 

motion to amend has precedence over motion to 

strike out. 101 

of order, (incidental,) how far it shall supersede any other. 101 

division of, how made. 107 

what are divisible. 107—109 

when divided, each point open to debate and 

amendment. 109 

( co-existing ,) what suspends and what removes from the 

House an existing question. 109 

equivalent, what is considered. 110 

determined by ayes and noes.-.— 116 

* to be resumed in statu quo when suspended by the want of 

a quorum. 63,118 

previous. (See Previous question.) 

Quorum only shall do business. 62 

what number shall be a. 62 

how 7 the attendance of, may be compelled. 62 
































152 


INDEX TO THE MANUAL. 


Tage. 

Quorum , any member may desire a count for the purpose of ascer¬ 
taining . 63,79 

not present suspends the question. 64,118 

R. 

Randall and Whitney, reference to case, breach of privilege. 55 

Reading of papers, right to require... 93 

question on, first put. 101 

a speech is not a right. 93 

a report of one house not of right in the other house. 94 

Recede, question discussed.-. 110 

effect of a vote to. 122,123 

Recommitment, effect of. 88 

Reconsideration of bills, orders, instructions, &c. 119 

of questions requiring two-thirds, by whom may be 

moved. 135,136 

Remonstrance and petition, distinction. 80 

Report of committee, how to proceed in House. 88 

of one house not to be read in the other. 94 

Representatives, apportionment of, since 1789 . 61,62 

qualifications of. 60,62 

House of, of whom composed. 60 

shall choose their Speaker and other offi¬ 
cers . 64 

powers of, in relation to its rules and the 

conduct of members. 72 

Resolution and order, distinction. 82 

Resolution to pay money in order. 82 

when to be presened for approval. 129 

Riders, amend engrossed bills by. 313 

Rules, an adherence to, important. 51,52 

Rules and orders of each house, to what cases they shall apply. 79 

S. 

Sections numbered by Clerk. 107 

Senate, of whom composed and how classed. 52, 60 

the Vice President to be the President of. 57,64 

shall choose their officers, &c. 64 

power of, in relation to rules and the conduct of members ... • 66,72 

equal division to be determined by the vote of the Vice Presi¬ 
dent. 114,116 

adjournment of, (see Adjournment ). 331 

session of, what constitutes. 131 ,132 

Session, what constitutes... 131,132 




































353 


INDEX TO THE MANUAL. 

Page. 

Speaker, manner of choosing. 64 

absence of, from sickness, another chosen... 64, 65 

violates order by not putting question. 58 

Clerk puts question before election of. 64 

may be removed at will of the House. 65 

not to speak unless to order... 74 

reads sitting, rises to put question. 91 

cannot refuse an amendment, inconsistent... 104 

to decide point of order that arises in putting question 

promptly, and may ask advice of old members. 118 

Special orders. (See Orders .) 

Speech cannot be read of right.. 93 

Strike out, paragraph may be perfected before question to. 104 

Strike out and insert, discussed. 104—106 

Sum, largest, first put. 100 

T. 

Tellers to count sides of questions. 116 

their errors rectified. 116 

Time, longest, first put. 100 

Title to be on back. 93 

when to be made or amended. 118 

Transposing of sections, rule respecting. 107 

Treason, mode of proceeding on charge of. 58 

Treaties may be made by the President and Senate. 133,134 

shall be kept secret until injunction removed. 133,134 

are legislative acts. 133,134 

extent of the power to make. 133—137 

may be rescinded by an act of the legislature. 133—137 

papers to be communicated with. 135 

ratified by nominal call.-. 135 

read for information the day received. 135 

read for consideration on subsequent day. 135 

proceedings upon. 135 

reconsideration of votes upon, may be moved by one of the 
side prevailing. 136 

y. 

Vote, cannot, till sworn. 57 

every member must. 117 

must not vote if not present. 117 

change of. 118 





































154 


INDEX TO THE MANUAL. 


w. 

Page. 

Warm icords or quarrel, adjustment of. 68, 76,101 

Whitney and Randall , bribery case, reference to. 55 

Withdraw , members cannot, when question is putting. 117 

Withdraw motions , rule of Parliament. 101 

Witnesses, bow summoned, examined, &c. 69 

Y. 

Yeas and nays may be required by one-fifth. 116 

to be taken alphabetically. 117 

all present shall vote, unless excused. 117 

when called and decision announced, no member al¬ 
lowed to vote. . 117 

how questions are determined by. 116 

no member to vote unless present. 117 













RULES AND ORDERS 


OF 

THE HOUSE OF REPRESENTATIVES 


AS IN FORCE 


DURING THE SECOND SESSION 


OF 


THE THIRTY-SECOND CONGRESS. 
















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STANDING RULES AND ORDERS 


FOR CONDUCTING BUSINESS IN 

THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. 


TOUCHING THE DUTY OF THE SPEAKER. 

1. He shall take the chair every day precisely at the hour 
to which the House shall have adjourned on the preceding 
day; shall immediately call the members to order; and, on 
the appearance of a quorum, shall cause the journal of the 
preceding day to be read.— April 7, 1789. 

2. He shall preserve order and decorum; may speak to 
points of order in preference to other members, rising from 
his seat for that purpose; and shall decide questions of order, 
subject to an appeal to the House by any two members— 
April 7, 1789; on which appeal no member shall speak more 
than once, unless by leave of the House.*— December 23,1811. 

3. He shall rise to put a question, but may state it sit¬ 
ting.— April 7, 1789. 

4. Questions shall be distinctly put in this form, to wit: 

“ As many as are of opinion that (as the question may be) 
say Ay and after the affirmative voice is expressed, “As 
many as are of the contrary opinion, say No.” If the Speaker 

* Difficulties have often arisen as to a supposed discrepancy between the 
appeal contemplated in this rule and that referred to in rule 35. There is no 
discrepancy. The question of order mentioned in the second rule relates to 
motions or propositions, their applicability or relevancy, or their admissibility 
on the score of time, or in the order of business, &c. The “call to order” 
mentioned in rule 35, on which, in case of an appeal, there can be no debate, 
has reference only to “ transgressions of the rules in speaking,” or to indecorum 
of any kind. See also rule 51, in which debate on an appeal, pending a call for 
the previous question, is prohibited. 



RULES OF THE 


158 

doubt, or a division be called for, the House shall divide: 
those in ihe affirmative of the question shall first rise from 
their seats, and afterwards those in the negative:* If the 
Speaker still doubt, or a count be required, the Speaker shall 
name two members, one from each side, to tell the members 
in the affirmative and negative; which being reported, he 
shall rise and state the decision to the House .—April 7, 1789. 
No division and count of the House by tellers shall be in 
order, but upon motion seconded by at least one-fifth of a 
quorum of the members .—September 15, 1837. 

5. When any motion or proposition is made, the question, 
“Will the House now consider it?” shall not be put unless 
it is demanded by some member, or is deemed necessary by 
the Speaker .—December 12, 1817. 

6. The Speaker shall examine and correct the Journal 
before it is read. He shall have a general direction of the 
hall. He shall have a right to name any member to perform 
the duties of the Chair, but such substitution shall not extend 
beyond an adjournment. —December 23, 1811. 

7. All committees shall be appointed by the Speaker, unless 
otherwise specially directed by the House, in which case they 
shall be appointed by ballot;! and if upon such ballot the 
number required shall not be elected by a majority of the 
votes given, the House shall proceed to a second ballot, in 
which a plurality of votes shall prevail; and in case a greater 
number than is required to compose or complete a committee 

* The manner of dividing the House, as originally established by the rule o^ 
April 17, 1789, was, that the members who voted in the affirmative went to the 
right of the Chair, those in the negative to the left. This was, doubtless, taken 
from the old practice of the House of Commons of England. The passing of 
the members to and fro across the House was found so inconvenient, and took 
up so much time, that the mode of dividing the House was, on the 9th of June, 
1789, changed to the present form: the members of each side of the question 
rising in their seats and being there counted. 

t The rule as originally adopted, April 17, 1789, directed that the Speaker 
should appoint all committees, unless the number was directed to consist of 
more than three members; in which case, the ballot was to be resorted to. 





















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HOUSE OF REPRESENTATIVES. 


159 


shall have an equal number of votes, the House shall proceed 
to a further ballot or ballots.— January 13, 1790. 

8. The first named member of any committee shall be the 
chairman; and in his absence, or being excused by the House, 
the next named member, and so on, as often as the case shall 
happen, unless the committee, by a majority of their number? 
elect a chairman.*— December 28, 1805. 

9. Any member may excuse himself from serving on any 
committee at the time of his appointment, if he is then a mem¬ 
ber of two other committees.— April 13, 1789. 

10. It shall be the duty of a committee to meet on the call 
of any two of its members, if the chairman be absent, or de¬ 
cline to appoint such meeting.— December 20, 1805. 

11. In all other cases of ballot than for committees, a ma¬ 
jority of the votes given shall be necessary to an election; and 
where there shall not be such a majority on the first ballot 
the ballots shall be repeated until a majority be obtained.— 
April 7, 1789. And in all ballotings blanks shall be rejected, 
and not taken into the count in enumeration of votes, or re¬ 
ported by the tellers.— September 15, 1S37. 

* The occasion of this rule was this: Mr. John Cotton Smith, of Connecticut, 
had been chairman of the Committee of Claims for several years, and on the 5th 
November, 1804, was reappointed. On the succeeding day he was excused from 
service on the committee, and his colleague, Samuel W. Dana, was appointed “in 
his stead.” The committee considered Mr. Dana its chairman: he declined to 
act, contending that he was the tail. Being unable to agree, the committee 
laid the case before the House on the 20th November. Up to this time, there 
was no rule or regulation as to the head of a committee. The usage had been 
that the first named member acted; but it was usage only. The subject was 
referred to a committee. On the 22d November, 1804, the committee reported, 
and recommended that the first named member be the chairmain; and in case of 
his absence, or of his being excused by the House, the committee should appoint 
a chairman by a majority of its votes. The House rejected this proposition. The 
Committee of Claims the next day notified the House, that, unless some order 
was taken in the premises, no business could be done by the committee during 
the session; and thereupon, on the 20th December, 1805, the House adopted the 
above rule. In this case the Committee of Claims availed itself of the privilege 
contained in the last clause of the rule, and elected Mr. Dana chairman, much 
against his wishes. 


160 


RULES OF THE 


12. In all cases of ballot* by the House, the Speaker shall 
vote; in other cases he shall not be required to vote, unless 
the House be equally divided, or unless his vote, if given to 
the minority, will make the division equal; and in case of such 
equal division, the question shall be lost.t —April 7, 1789. 

13. In all cases where other than members of the House 
may be eligible to an office by the election of the House, 
there shall be a previous nomination .—April 7, 1789. 

14. In all cases of election by the House of its officers, the 
vote shall be taken viva voce.—December 10 , 1839. 

15. All acts, addresses, and joint resolutions, shall be signed 
by the Speaker; and all writs, warrants, and subpoenas, 
issued by order of the House, shall be under his hand and 
seal, attested by the Clerk. —November 13, 1794. 

16. In case of any disturbance or disorderly conduct in the 
galleries or lobby, the Speaker (or chairman of the Commit¬ 
tee of the Whole House) shall have power to order the same 
to be cleared .—March 14, 1794. 

17. No person, except members of the Senate, their Secre¬ 
tary, Heads of Departments, Treasurer, Comptrollers, Regis¬ 
ters, Auditors, President’s secretary, Chaplains to Congress, 
Judges of the United States, Foreign Ministers and their sec¬ 
retaries, officers who, by name, have received, or shall here¬ 
after receive, the thanks of Congress for their gallantry and 
good conduct displayed in the service of their country, the 

* The word here used in the original formation of the rule was election. On 
the 14th January, 1840, it was changed to the word ballot. 

t On a very important question, taken December 9, 1803, on an amendment 
to the ( onstitution, so as to change the form of voting for President and Vice 
President, which required a vote of two-thirds, there appeared eighty-three in 
the affirmative, and forty-two in the negative; it wanted one vote in the affirma¬ 
tive to make the constitutional majority. The Speaker, (Macon,) notwithstand* 
ing this prohibition of the rule, claimed and obtained his right to vote, and 
voted in the affirmative; and it was by that vote that the amendment to the 
Constitution was carried. The right of the Speaker, as a member of the House, 
to vote on all questions is secured by the Constitution. No act of the House 
can take it from him when he chooses to exercise it. 

































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HOUSE OF REPRESENTATIVES. 


161 


Governor, for the time being, of any Slate or Territory in the 
Union, such gentlemen as have been heads of departments or 
members of either branch of the National legislature, the mem¬ 
bers of the legislatures, for the time being, of the States and 
Territories, January 14, 1850; and, at the discretion of the 
Speaker, persons who belong to such legislatures of foreign 
governments as are in amity with the United States, shall be 
admitted within the hall of the House of Representatives ;# 
and no person not known to the doorkeeper to be entitled to 
the privilege of the floor, shall enter the hall, unless the door¬ 
keeper shall be informed by a member that the individual is 
entitled to admission under this rule, and in what capacity.— 
January 14, 1S50. And a book shall be provided by the 
doorkeeper, in which shall be registered the names of all per- 

* The first rule for the admission within the hall of other than members was 
adopted on the 7th January, 1802, and was confined to 11 Senators, officers of the 
General and State governments, Foreign Ministers, aud such persons as mem¬ 
bers might introduce.” On the 11th January, 1802, an attempt was made to 
amend so as to exclude persons “ introduced by members; ” which failed. On 
the 8th November, 1804, a proposition w r as made to confine the privilege to 
Senators; which also failed. On the 17th December, 1805, officers of State Gov - 
ernments were excluded. On the 1st of February, 1808, a proposition was made 
to admit ex-members of Congress and the Judges of the Supreme Court. After a 
good deal of debate, it was rejected. On the 11th February, 1809, the rule was 
enlarged so as to admit judicial officers of the United States, as also ex-members 
of Congress. On the 25th February, 1814, those who had been heads of depart¬ 
ments were admitted. On the 10th February, 1815, officers who had received 
the thanks of Congress were included. On the 12th January, 1816, the Navy 
Commissioners. On the 21st February, 1816, Governors of States and Terri¬ 
tories. March 13, 1822, the President’s Secretary. On the 26th January, 1833, 
the rule was further enlarged by admitting 11 such persons as the Speaker or a 
member might introduce and on the 10th December, 1833, the House, by a vote 
almost unanimous, rescinded that amendment. It has undergone no amendment 
since. 

This rule has been much abused by admitting members of State legislatures, 
under the clause relating to legislatures of foreign governments. To show how 
little ground there is for this construction, the House, on the 26th December, 
1821, and 2d January, 1835, rejected motions to admit members of State legisla¬ 
tures. On the 4th January, 1819, a proposition to admit members of Congress, 
elect was rejected. 

11 


162 


RULES OF THE 


sons, other than members of Congress, who may apply for 
admission upon the floor of the House, setting forth by virtue 
of what position such privilege is claimed.— December 20,1S53. 

18. Stenographers, wishing to take down the debates, may 
be admitted by the Speaker, who shall assign such places to 
them, on the floor or elsewhere, to effect their object, as shall 
not interfere with the convenience of the House.— January 7, 
1802; modified to present form , December 23, 1811. 

19. No person shall be allowed the privilege of the hall, 
under the character of stenographer, without a written per¬ 
mission from tbe Speaker, specifying the part of the hall as¬ 
signed to him; and no reporter or stenographer shall be ad¬ 
mitted, under the rules of the House, unless such reporter or 
stenographer shall state, in writing, for what paper or papers 
he is employed to report.— March 1, 1838. And no person 
shall be admitted, under the rules of the House, as a reporter 
or stenographer for any paper or papers, who shall be em¬ 
ployed as an agent to prosecute any claim pending before 
Congress; and the Speaker shall give his written permission 
with this condition; and not more than one reporter or steno¬ 
grapher shall be assigned the same seat.— December 13, 1852. 

20. The doorkeeper shall execute strictly the 17th and 
18th rules, relative to the privilege of the hall.— March 1, 
1838. 

21. The Clerk of the House shall take an oath for the 
true and faithful discharge of the duties of his office, to the 
best of his knowledge and abilities.— April 13, 1789, and 
act June 1 , 1789. He shall be deemed to continue in office 
until another be appointed.*— March 1 , 1791. 


* There is no law, resolution, rule, or order directing the appointment of the 
Clerk of the House. On the 1st of April, 1789, being the first day that a quorum 
of the House assembled under the new Constitution, the House immediately 
elected a Clerk by ballot, without a previous order having been passed for that 
purpose; although in the case of a Speaker, who was chosen on the same day, 
an order was previously adopted. A Clerk has been regularly chosen at the 
commencement of every Congress since. 












































































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HOUSE OF REPRESENTATIVES. 


163 


ORDER OF BUSINESS OF THE SESSION. 

22. After six days from the commencement of a second or 
subsequent session of any Congress, all bills, resolutions,* 
and reports which originated in the House, and at the close 
of the next preceding session remained undetermined, shall 
be resumed and acted on in the same manner as if an ad¬ 
journment had not taken place.— March 17, 1848. 

ORDER OF BUSINESS OF THE DAY. 

23. As soon as the journal is read, reports from commit¬ 
tees shall be called for and disposed of—in doing which, the 
Speaker shall call upon each standing committee in the or¬ 
der they are named in the 76th and 104th rules; and when 
all the standing committees shall have been called on, then 
it shall be the duty of the Speaker to call for reports from 
select committees; if the Speaker shall not get through the 
call upon the committees before the House passes to other 
business, he shall resume the next call where he left off.f 

24. | Members having petitions and memorials to present 
may hand them to the Clerk, endorsing the same with their 
names, and the reference or disposition to be made thereof; 
and such petitions and memorials shall be entered on the 
journal, subject to the control and direction of the Speaker; 
and if any petition or memorial be so handed in, which, in 
the judgment of the Speaker, is excluded by the rules, the 
same shall be returned to the member from whom it was 
received .—March 29, 1842. 

* The word “resolutions ” as here used, has been construed to apply to joint 
resolutions only. 

t In resuming the call upon committees, according to the practice for several 
years past, the report last under consideration, provided a motion to commit is 
pending, is first to be considered. 

X So much of the rules as authorized the calling of the States for petitions 
was struck out on the 12th December, 1853; and the 23d, 24th, and 25th rules 
are modified accordingly. 


164 


RULES OF THE 


25. Reports from committees having been presented and 
disposed of, the Speaker shall call for resolutions from the 
members of each State and delegates from each Territory, 
beginning with Maine and the Territory of Wisconsin* alter¬ 
nately ; they shall not be debated on the very day of their 
being presented; nor on any day assigned by the House for 
the receipt of resolutions, unless where the House shall direct 
otherwise, but shall lie on the table to be taken up in the 
order in which they were presented; and if on any day the 
whole of the States and Territories shall not be called, the 
Speaker shall begin on the next day where he left off the 
previous day; provided that no member shall offer more than 
one resolution, or one series of resolutions, all relating to the 
same subject, until all the States and Territories shall have 
been called .—January 14, 1829. 

26. All the States and Territories shall be called for reso¬ 
lutions on each alternate Monday during each session of 
Congress; and, if necessary to secure this object on said days, 
all resolutions which shall give rise to debate shall lie over 
for discussion, under the rules of the House already estab¬ 
lished; and the whole of said days shall be appropriated to 
resolutions, until all the States and Territories are called 
through .—February 6, 1838. 

27. After one hour shall have been devoted to reports from 
committees and resolutions, it shall be in order, pending the 
consideration or discussion thereof, to entertain a motion that 
the House do now proceed to dispose of the business on the 
Speaker’s table, and to the orders of the day —January 5, 
1832; which being decided in the affirmative, the Speaker 
shall dispose of the business on his table in the following 
order, viz: 

1st. Message and other Executive communications. 

2d. Messages from the Senate, and amendments proposed 
by the Senate to bills of the House. 

* This rule was adopted while Wisconsin was a Territory; and, although no 
order has been taken by the House, the Speaker substitutes the Territory last 
organized . 




















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HOUSE OF REPRESENTATIVES. 


165 


3d. Bills and resolutions from the Senate on their first and 
second reading, that they be referred to committees and 
put under wa}^; but if, on being read a second time, no 
motion being made to commit, they are to be ordered to 
their third reading, unless objection be made; in which 
case, if not otherwise ordered by a majority of the House, 
they are to be laid on the table in the general file of bills 
on the Speaker’s table, to be taken up in their turn. 

4th. Engrossed bills and bills from the Senate on their third 
reading. 

5th. Bills of the House and from the Senate, on the Speak¬ 
er’s table, on their engrossment, or on being ordered to 
a third reading, to be taken up and considered in the 
order of time in which they passed to a second reading. 

The messages, communications, and bills on his table, 
having been disposed of, the Speaker shall then proceed to 
call the orders of the day .—September 14, 1837. 

28. The business specified in the 26th and 27th rules shall 
be done at no other part of the day, except by permission of 
the House .—December 23, 1811. 

LOCAL OR PRIVATE BUSINESS. 

29. Friday and Saturday in every week shall be set apart 
for the consideration of private bills and private business, in 
preference to any other, unless otherwise determined by a 
majority of the House .—January 22, 1810, and January 26, 
1826.* 

30. On the first and fourth Friday of each month, the 
calendar of private bills shall be called over, (the chairman 

* Under the rule of 26th April, 1828, relative to a postponement or change of 
the order of business, it has been decided that it takes two-thirds to proceed to 
public business on Friday and Saturday. The reason of this decision is, that the 
rule of the 26th April, 1828, made no exception in favor of the clause for a 
majority , contained in this rule; and that therefore that provision was annulled. 
There have been three appeals upon this point, but the House in all instances 
affirmed the decision in favor of two-thirds. 


166 


RULES OF THE 


of the Committee of the Whole House commencing the call 
where he left off the previous day,) and the bills to the pas¬ 
sage of which no objection shall then be made shall be first 
considered and disposed of .—January 25, 1839. 

OF DECORUM AND DEBATE. 

31. When any member is about to speak in debate, or 
deliver any matter to the House, he shall rise from his seat 
and respectfully address himself to “ Mr. Speaker ”—April 
7, 1789; and shall confine himself to the question under 
debate, and avoid personality .—December 23, 1811. 

32. Members mav address the House or committee from 

%/ 

the Clerk’s desk, or from a place near the Speaker’s chair. 

33. When two or more members happen to rise at once, 
the Speaker shall name the member who is first to speak.— 
April 7, 1789. 

34. No member shall occupy more than one hour in de¬ 
bate on any question in the House, or in committee; but a 
member reporting the measure under consideration from a 
committee may open and close the debate: provided, that 
where debate is closed by order of the House, any member 
shall be allowed, in committee, five minutes to explain any 
amendment he may offer, after which any member who shall 
first obtain the floor shall be allowed to speak five minutes 
in opposition to it, and there shall be no further debate on 
the amendment; but the same privilege on debate shall be 
allowed in favor of and against any amendment that may be 
offered to the amendment; and neither the amendment nor 
an amendment to the amendment shall be withdrawn by the 
mover thereof, unless by the unanimous consent of the com¬ 
mittee .*—December 18, 1847. 

* Although this was not finally adopted as a rule of the House until the 7th 
July, 1641, motions had been repeatedly made to the same effect for about 
twenty years preceding. In consequence of adopting the rules of the Twenty- 
sixth Congress at the second session of the Twenty-seventh Congress, the 
amendments (and this was one) made at the extra session of the Twenty-seventh 
Congress fell. It was again adopted June 13, 1842. 
































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HOUSE OF REPRESENTATIVES. 


167 


35. II any member, in speaking or otherwise, transgress 
the rules of the House, the Speaker shall, or any member 
may, call to order; in which case, the member so called 
to order shall immediately sit down, unless permitted to 
explain; and the House shall, if appealed to, decide on the 
case, but without debate:* if there be no appeal, the decision 
of the Chair shall be submitted to. If the decision be in 
favor of the member called to order, he shall be at liberty to 
proceed; if otherwise , he shall not he 'permitted to proceed, in 
case any member object , without leave of the House ; f and if the 
case require it, he shall be liable to the censure of the 
House.— April 7, 17S9, and March 13, 1822. 

36. If a member be called to order for words spoken in 
debate, the person calling him to order shall repeat the words 
excepted to, and they shall be taken down in writing at the 
Clerk’s table; and no member shall be held to answer, or be 
subject to the censure of the House, for words spoken in 
debate, if any other member has spoken, or other business 
has intervened, after the words spoken, and before exception 
to them shall have been taken.— September 14, 1837. 

37. No member shall speak more than once to the same 
question, without leave of the House|— April 7, 1789—unless 
he be the mover, proposer, or introducer of the matter pend¬ 
ing ; in which case he shall be permitted to speak in reply, 
but not until every member choosing to speak shall have 
spoken.— January 14, 1840. 

38. If a question depending be lost by adjournment of the 
House, and revived on the succeeding day, no member who 

* See rule 2, with note appended to it. 

t That part of this rule which is printed in italic was adopted on the 13th. 
March, 1822, with the exception of the words “in case any member object,” 
which were inserted on the 14th September, 1837. 

t This rule, as originally adopted on the 7th April, 1789, permitted a member 
to speak twice , and ended with the word House. It remained unchanged until 
the 14th January, 1840, when it was established as it now stands. 


168 


RULES OF THE 


shall have spoken on the preceding day, shall be permitted 
again to speak without leave.*— April 7, 1789. 

39. While the Speaker is putting any question, or address¬ 
ing the House, none shall walk out of or across the house; nor 
in such case, or when a member is speaking, shall entertain 
private discourse; nor while a member is speaking shall pass 
between him and the Chair.— April 7, 1789. Every member 
shall remain uncovered during the session of the House.— 
September 14, 1837. No member or other person shall visit 
or remain by the Clerk’s table while the ayes and noes are 
calling, or ballots are counting.— September 14, 1S37. 

40. No member shall vote on any question in the event of 
which he is immediately and particularly interested,! or in 
any case where he was not within the bar of the House when 
the question was put.f— April 7, 1789. And when any mem¬ 
ber shall ask leave to vote, the Speaker shall propound to 
him the question, “ Were you within the bar when your name was 
called?”—September 14, 1837. 

41. Upon a division and count of the House on any ques¬ 
tion, no member without the bar shall be counted.— Novem¬ 
ber 13, 1794. 

42. Every member who shall be in the House when the 

* There is no proceeding in the House to which this rule can be applied. It 
was originally framed in reference to that law of Parliament which says that all 
pending questions are lost by adjournment, and to be again considered must be 
moved anew. In the rules as revised and established on the 7th January, 1802, 
the prohibition to speak on the next day was confined to those who had spoken 
twice on the preceding day. It so remained until the 14th January, 1^40, when 
the word twice was left out. 

t Of late, differences of opinion have occasionally arisen as to the kind of in¬ 
terest alluded to in this rule. It has been contended to apply to members who 
were merchants or manufacturers, or engaged in other business to be affected by 
tariffs or other bills touching rates of duties, &c. This construction has never 
been sustained by the House. The original construction, and the only true one, 
is direct personal or pecuniary interest. 

X As originally adopted, the word present was used in this rule where the words 
“ within the bar of the House ” now appear. The alteration was made on the 14th 
September, 1837. 















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HOUSE OF REPRESENTATIVES. 


169 


i 

question is put shall give his vote, unless the House, for 
special reason, shall excuse him. # — April 7,1789. All motions 
to excuse a member from voting shall be made before the 
House divides, or before the call of the yeas and nays is com¬ 
menced ; and the question shall then be taken without further 
debate.— September 14, 1837.f 

43. When a motion is made and seconded, it shall be stated 
by the Speaker; or, being in writing, it shall be handed to 
the Chair, and read aloud by the Clerk, before debated. 
April 7, 1789. 

44. Every motion shall be reduced to writing if the Speaker 
or any member desire it.— April 7, 1789. Every written mo¬ 
tion made to the House shall be inserted on the journals, with 
the name of the member making it, unless it be withdrawn on 
the same day on which it was submitted.— March 26, 1806. 

45. After a motion is stated by the Speaker, or read by the 
Clerk, it shall be deemed to be in the possession of the 
House ; but may be withdrawn at any time before a decision 
or amendment.— April 7, 1789. 

46. When a question is under debate, no motion shall be 
received but to adjourn, to lie on the table, for the previous 
question, to postpone to a day certain, to commit or amend, 
to postpone indefinitely; which several motions shall have 
precedence in the order in which they are arranged-!— March 

* By rule 41, the date of which is subsequent in date to this, a member who 
may be “ in the House ” is not allowed to vote, unless he be “ within the bar," 
upon a division or count of the House. 

t That part of rule 42 which allowed a brief verbal statement of reasons to 
be given by any member for requesting to be excused from voting, rescinded 
January 2, 1845.— Journal H. R., 115. 

X This rule, as originally established, April 7, 1789, read thus: “ When a 
question is under debate, no motion shall be received unless to amend it, to 
commit it, for the previous question, or to adjourn .” On the 13th November, 
1794, the motion to postpone to a day certain was introduced next after the 
previous question. On the 17th December, 1805, the rule was changed as 
follows: 1st, the previous question; 2d, to postpone indefinitely; 3d, to postpone 
to a day certain; 4th, to lie; 5th, to commit; Cth, to amend; 7th, to adjourn. 


170 


RULES OF THE 


13, 1822—and no motion to postpone to a day certain, to 
commit, or to postpone indefinitely, being decided, shall be 
again allowed on the same day, and at the same stage of the 
bill or proposition. 

47. When a resolution shall be offered, or a motion made, 
to refer any subject, and different committees shall be pro¬ 
posed, the question shall be taken in the following order: 

The Committee of the Whole House on the state of the 
Union; the Committee of the Whole House; a Standing 
Committee; a Select Committee.— March 13, 1822. 

48. A motion to adjourn, and a motion to fix the day to 
which the House shall adjourn, shall be always in order*— 
April 7, 1789, and January 14, 1840; these motions, and the 
motion to lie on the table, shall be decided without debate.!— 
November 13, 1794; March 13, 1822. 

49. The hour at which every motion to adjourn is made 
shall be entered on the journal.— October 9, 1837. 

50. The previous question shall be in this form: “Shall 

On the 23d December, 1811, the order was changed as follows: 1st, to adjourn; 
2d, to lie; 3d, the previous question; 4th, to postpone indefinitely; 5th, to 
postpone to a day certain; 6th, to commit; 7th, to amend. On the 13th March, 
1822, they were classed as above, and were declared, for the first time, to have 
precedence according to their arrangement; previous to which the notions of 
the Speaker often governed as to the precedence of these motions, and hence 
the direction of the rule. 

* It has been decided and acted upon, that, under this rule, “ a motion to fix 
the day to which the House shall adjourn” takes precedence of a motion to 
adjourn. The reason of this decision is, that, before the House adjourned, it was 
proper to fix the time to which it should adjourn. To this decision, and upon 
this reasoning, no objection has been made. 

t In the first rules established by the House on the 7th April, 1789, it was 
directed that “when the House adjourns, the members shall keep their seats 
until the Speaker goes forth, and then the members shall follow.” This rule 
was left out of the rules established 13tli November, 1794. On the 13tli March, 
1822, a rule was adopted prohibiting a motion to adjourn before four o’clock, if 
there was a pending question; it was rescinded on the 13tli of March, 1824. 
On the 13th of March, 1822, a rule was also adopted against the rising of the 
Committee of the Whole before four o’clock, which was abrogated on the 25th 
of March, 1824. 




































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HOUSE OF REPRESENTATIVES. 


171 


the main question be now put?”— April 7, 1789. It shall 
only be admitted when demanded by a majority of the 
members present— February 24, 1812; and its effects shall 
be to put an end to all debate, and bring the House to a 
direct vote upon a motion to commit, if such motion shall 
have been made; and if this motion does not prevail, then 
upon amendments reported by a committee, if any, then— 
August 5, 1848—upon pending amendments, and then upon 
the main question. —January 14, 1840. On a motion for the 
previous question,* and prior to the seconding of the same, a 
call of the House shall be in order; but after a majority shall 
have seconded such motion, no call shall be in order prior to 
a decision of the main question.!— September 14, 1837. 

51. On a previous question there shall be no debate.j:— 
December 17, 1805. All incidental questions of order arising 

* The previous question was recognised iu the rules established April 7, 1789, 
and could be demanded by five members, (the parliamentary law places it in the 
power of two members—one to move, the other to second.) On the 23d De¬ 
cember, 1811, it was placed on a footing with the yeas and nays: that is, at the 
command of one-fifth of the members present. It remained so until the 24th 
February, 1812, when the rule was changed to its present form of a majority. 
According to former practice, the previous question brought the house to a 
direct vote on the main question; that is, to agree to the main proposition , to 
the exclusion of all amendments and incidental motions; but on the 14th 
January, 1840, it was changed to its present form—first to embrace pending 
amendments, and then the main proposition. 

The original intent of the previous question was, to ascertain the sense of the 
House, in the early stages of a subject, as to the propriety of entertaining the 
matter; and, if decided affirmatively, the debate went on; if decided negatively, 
the debate ceased, and the subject passed from before the House without motion 
or further question. This was the practice in Congress under the Confedera¬ 
tion; and it is still the practice in the British Parliament. Now, by the practice 
of the House, as well as by the terms of the rule, it is reversed: if the motion 
for the previous question is decided in the affirmative, debate ceases, and the 
House proceeds to vote; if in the negative, the proceedings go on as if the 
motion for the previous question had not been made. 

t See rules 63 and 64, for mode of proceeding in a call of the House. 

t The rules, as established 7th April, 1789, allowed each member to speak 
once on the previous question; that is, Shall the main question be now put? 


RULES OF THE 


17 3 


after a motion is made for the previous question, and pending 
such motion, shall be decided, whether on appeal or other¬ 
wise, without debate .—September 15, 1837. 

52. When a question is postponed indefinitely, the same 
shall not be acted upon again during the session .—December 
17, 1805. 

53. Any member may call for the division of a question, 
which shall be divided if it comprehend propositions in sub¬ 
stance so distinct that, one being taken away, a substantive 
proposition shall remain for the decision of the House.— 
September 15, 1837. A motion to strike out and insert shall 
be deemed indivisible —December 23, 1811; but a motion to 
strike out being lost, shall preclude neither amendment nor a 
motion to strike out and insert .—March 13, 1822. 

54. Motions and reports may be committed at the pleasure 
of the House —April 7, 1789. 

55. No motion or proposition on a subject different from 
that under consideration shall be admitted under color of 
amendment .'*—March 13, 1822. No bill or resolution shall, 
at any time, be amended by annexing thereto, or incorporating 
therewith, any other bill or resolution pending before the 
House.t —September 15, 1837. 


and so remained until the 17th December, 1805, when debate was prohibited; 
yet, on the 15th December, 1807, after the previous question had been ordered , the 
House, on an appeal from the Speaker, reversed his decision, and decided that 
the main question was open to further debate—103 to 14, no party votq. This 
decision was reaffirmed by the House December 2, 1808—yeas 101, nays 18. 

* This rule was originally established on the 7th April, 1789, and was in these 
words: “ No new motion or proposition shall be admitted, under color of amend¬ 
ment, as a substitute for the motion or proposition under debate.” On the 13th 
March, 1822, it was changed to its present form, in which the words new and 
sid>stitute do not appear. 

t The latter clause of this rule was adopted at the first session of the 25th 
Congress; and, as originally reported by the committee, the following words 
were contained at the end of it: “Nor by any proposition containing the sub¬ 
stance, in whole or in part, of any other bill or resolution pending before the 










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HOUSE OF REPRESENTATIVES. 


173 


56. \\ hen a motion has been once made, and carried in 
the affirmative or negative, it shall be in order for any mem¬ 
ber of the majority to move for the reconsideration thereof— 
January 7, 1802—on the same or succeeding day —December 
23, 1811; and such motion shall take precedence of all other 
questions, except a motion to adjourn*—May 6, 1828—and 
shall not be withdrawn after the said succeeding day without 
the consent of the House; and thereafter any member may 
call it up for consideration.— March 2, 1848. 

57. When the reading of a paper is called for, and the 
same is objected to by any member, it shall be determined 
by a vote of the House.!— November 13, 1794. 

House.” These words were stricken out by the House before it would agree to 
the rule; by which it would seem to be decided that a bill or resolution might 
be amended by incorporating therein the substance of any other bill or resolution 
before the House. Such has been the general practice of the House. 

* A difference of opinion and a discrepancy in action have sometimes occurred 
in administering this rule. Twenty years ago, and previously, a motion to 
reconsider could not be made after the subject was disposed of, if there was 
another subject before the House, until that subject had passed away; it was 
then often too late to make the motion. It was under this practice that Mr. 
Randolph was unable to move a reconsideration of the settlement of the cele¬ 
brated Missouri question, (notice of which he gave out of time,) as, before he 
could do so, the bill had been taken to the Senate. The practice, of late years, 
has been changed, so as to allow the motion to reconsider to be made at any 
moment within the prescribed time. If the motion be made when a different 
subject is before the House, it is entered, and remains until that subject is dis¬ 
posed of, and then “ takes precedence of all other business, except a motion to 
adjourn.” When any final vote has been taken, and a motion made to reconsider, 
that motion may be laid on the table; in which case, according to the practice of 
several years past, the vote stands as though the motion to reconsider had not 
been made. This is correct; as, if the House wished to retain the matter, it 
would agree to the motion to reconsider, instead of laying it on the table. 
Motions to reconsider should be promptly acted on, otherwise it is in the power 
of a single member (voting on the strong side against his sentiments, solely for 
the purpose of placing himself in a situation to make the motion) to arrest 
business which a majority have determined to despatch. 

t As originally adopted, this rule contained, after the word “ for,” the words 
“ which had before been read to the House.” They were stricken out on the 
14th December, 1795. 


174 


RULES OF THE 


58. The unfinished business in which the House was 
engaged at the last preceding adjournment shall have the 
preference in the orders of the day; and no motion on any 
other business shall be received, without special leave of the 
House, until the former is disposed of.— November 13, 1794. 

59. Every order, resolution, or vote, to which the concur¬ 
rence of the Senate shall be necessary, shall be read to the 
House, and laid on the table, on a day preceding that in which 
the same shall be moved, unless the House shall otherwise 
expressly allow.— April 7, 1789. 

60. The name of the member who presents a petition or 
memorial, or who offers a resolution to the consideration of 
the House, shall be inserted on the journals.— March 22, 
1806. 

61. A proposition requesting information from the President 
of the United States, or directing it to be furnished by the 
head of either of the executive departments, or by the Post¬ 
master General— December 13, 1820—or to print an extra 
number of any document or other matter, excepting messages 
of the President to both houses at the commencement of each 
session of Congress, and the reports and documents connected 
with or referred to in it, shall lie on the table one day for con¬ 
sideration, unless otherwise ordered by the unanimous consent 
of the House— December 13, 1820; and all such propositions 
shall be taken up for consideration in the order they were 
presented, immediately after reports are called for from select 
committees; and, when adopted, the Clerk shall cause the 
same to be delivered.— January 22, 1822. 

62. Upon calls of the House, or in taking the yeas and nays 
on any question, the names of the members shall be called 
alphabetically.— April 7, 1789. 

63. Upon the call of the House, the names of the members 
shall be called over by the Clerk, and the absentees noted: 
after which the names of the absentees shall again be called 
over; the doors shall then be shut, and those for whom no 
excuse or insufficient excuses are made may, by order of those 

















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HOUSE OF REPRESENTATIVES. 


175 


present, if fifteen in number, be taken into custody as they 
appear, or may be sent for and taken into custody, wherever 
to be found, by special messengers to be appointed for that 
purpose.*— November 13, 1789, and December 14, 1795. 

64. When a member shall be discharged from custody, and 
admitted to his seat, the House shall determine whether such 
discharge shall be with or without paying fees; and in like 
manner, whether a delinquent member, taken into custody by 
a special messenger, shall or shall not be liable to defray the 
expense of such special messenger.— November 13, 1794. 

65. Any fifteen members (including the Speaker, if there 
be one) shall be authorized to compel the attendance of absent 
members.— April 17, 1789. 

66. No member shall absent himself from the service of the 
House, unless he have leave, or be sick, or unable to attend.— 
April 13, 1789. 

67. A Sergeant-at-arms shall be appointed, to hold his office 
during the pleasure of the House, whose duty it shall be to 
attend the House during its sittings ;t to execute the commands 
of the House from time to time, together with all such process, 
issued by authority thereof, as shall be directed to him by the 
Speaker.— April 14, 1789. 

68. The symbol of his office (the mace) shall be borne by 
the Sergeant-at-arms when in the execution of his office.^— 
April 14, 1789. 

* The rule, as originally established in relation to a call of the House, which 
was on the 13th of November, 1789, differed from the present rule, in this: there 
was one day’s notice to be given, and it required a vote of the House, and not 
fifteen members, to order a member into custody. It was changed to its present 
form on the 14th December, 1795. On the 7th January, 1802, it was changed 
back to its original form, to require “ an order of the House ” to take absent 
members into custody, and so remained until the 23d December, 1811, when it 
was again changed to what it is now— i. e., fifteen members. 

t In the rules established November 13, 1794, the Sergeant was empowered to 
appoint a “ special messenger to execute the commands of the House. This 
authority was stricken from the rules established on the 14th December, 1795. 

f At the time this rule was adopted, “a proper symbol of office” for the 
Sergeant-at-arms was directed to be provided, “ of such form and device as the 


176 


RULES OF THE 


69. The fees of the Sergeant-at-arms shall be, for every 
arrest, the sum of two dollars; for each day’s custody and 
releasement, one dollar; and for travelling expenses for him¬ 
self or a special messenger, going and returning, one-tenth of 
a dollar per mile.— April 14, 1789. 

70. It shall be the duty of the Sergeant-at-arms to keep the 
accounts for pay and mileage of members, to prepare checks, 
and, if required to do so, to draw the money on such checks 
for the members, (the same being previously signed by the 
Speaker, and endorsed by the member,) and pay over the 
same to the member entitled thereto.— April 4, 1838. 

71. The Sergeant-at-arms shall give bond, with surety, to 
the United States, in a sum not less than five nor more than 
ten thousand dollars, at the discretion of the Speaker, and 
with such surety as the Speaker may approve, faithfully to 
account for the money coming into his hands for the pay of 
members.— April 4, 1838. 

72. The Sergeant-at-arms shall be sworn to keep the se¬ 
crets of the House.— December 23, 1811. 

73. A Doorkeeper shall be appointed for the service of the 
House.*— April 2, 1789. 

Speaker should direct.” In pursuance of this order, a mace, or “ symbol,” was 
procured, which represented the Roman fasces, made of ebony sticks, bound 
transversely with a thin silver band, terminating in a double tie or beau-knot 
near the top ; at each end a silver band an inch deep, and on the top of each of 
the rods a small silver spear. A stem of silver, three-fourths of an inch in 
diameter, and two inches long, from the centre of the fasces, supported a globe, 
of silver, about two and a half inches in diameter, upon which was an eagle, his 
claws grasping the globe, and just in the act of flight, his wings somewhat more 
than half extended. The eagle was massive silver, richly carved. The design 
was fine, and its whole execution beautiful; the entire height about three feet. 
The mace was destroyed at the conflagration of the Capitol on the 24th August, 
1814, and was not replaced until recently. A temporary one was hastily gotten 
up (of common pine and painted) for the then next session of Congress, and was 
tolerated till the session of 1841-’42, when the splendid one now in use was 
procured. 

* The rule of 1789 provided for the appointment of an Assistant Doorkeeper , 
and so continued until Colonel John W. Hunter, the incumbent, died, in Decem¬ 
ber, 1841, and the House, on the 13th of that month, abolished the office. 








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HOUSE OF REPRESENTATIVES. 


177 


74. The Doorkeeper shall be sworn to keep the secrets of 
the House .—December 23, 1811. 

75. The Postmaster, to superintend the post office kept in 
the Capitol for the accommodation of the members, shall be 
appointed by the House .*—April 4, 1838. 

76. Twenty-eight standing committees shall be appointed 
at the commencement of each session, viz 

A Committee of Elections.— Nov. 13, 1789. 

A Committee of Ways and Means.— Jan. 7, 1802. 

A Committee of Claims.— Nov. 13, 1794.t 

A Committee on Commerce.— Dec. 14, 1795 X 

A Committee on tlie Public Lands.— Dec. 17, 1805.$ 

* Immediately after the organization of the government under the present 
Constitution, a room was set apart in the Capitol for the reception and distribu¬ 
tion of letters and packets to and from members of the House, without an order 
for that purpose, and was called the post office; it was superintended by the 
Doorkeeper and his assistants. On the 9th of April, 1814, a special allowance 
was made to the Doorkeeper to meet the expenses of this office, and he was 
authorized to appoint a postmaster. The office continued on this footing till 
April 4, 1838, when an order was passed, as above, for the appointment of a 
postmaster by the House itself. 

t Originally, the Committee of Claims was charged with revolutionary and 
land claims, and all sorts of pensions. On the 22d December, 1813, the duties 
of that committee were divided, and a committee was appointed called the 
Committee on Pensions and Revolutionary Claims. On the 9th of December, 
1825, a separate Committee on Revolutionary Pensions was created, leaving the 
business of Invalid pensions to the committee created on the 22d December, 
1813. On the 13th December, 1825, four days after its institution, the designa¬ 
tion of the Committee on Revolutionary Pensions was changed to the Committee 
on Military Pensions, and it was charged with both revolutionary and invalid 
pensions. On the 10th January, 1831, the Committee on Military Pensions 
became the present Committee on Revolutionary Pensions, and an additional 
committee was created called the Committee on Invalid Pensions; and the 
pension business was apportioned to the two committees, as set out in the duties 
assigned to the committees. 

X This committee was originally a Committee on Commerce and Manufactures. 
On the 8th December, 1819, a Committee on Manufactures was constituted, but 
no duties have been assigned to that committee in the rules. 

$ The 3d of January, 1805, was the first time at which it was proposed to 
appoint a Committee on Public Lands. The proposition was then made by Mr. 
John Boyle, of Kentucky, and was rejected. On the 17th December, 1805, the 

12 


To consist of 
nine mem¬ 
bers each. 



8 


RULES OF THE 


To consist of 
nine mem¬ 
bers each. 


A Committee on the Post Office and Post Roads.— Nov. 9,1808.* 

A Committee for the District of Columbia.— Jan. 27, 1808. 

A Committee on the Judiciary.— June 3, 1813. 

A Committee on Revolutionary Claims.— Dec. 22,1813.t 
A Committee on Public Expenditures.— Feb. 26, 1814. 

A Committee on Private Land Claims.— April 29, 18164 
A Committee on Manufactures.— Dec. 8,1819.$ 

A Committee on Agriculture.— May 3, 1820.$ 

A Committee on Indian Affairs.— Dec. 18, 1821.$ 

A Committee on Military Affairs.— March 13, 1822. 

A Committee on the Militia.— Dec. 10, 1835. 

A Committee on Naval Affairs.— March 13, 1822. 

A Committee on Foreign Affairs.— March 13, 1822. 

A Committee on the Territories.— Dec. 13, 1825. 

A Committee on Revolutionary Pensions.— Dec. 9, 1825.U 
A Committee on Invalid Pensions.— Jan. 10, 1831. 

A Committee on Roads and Canals.— Dec. 15, 1831. 

A Committee on Patents.— Sept. 15, 1837. 

A Committee on Public Buildings and Grounds.— Sept. 15,1837. 

A Committee of Revisal and Unfinished Business.— Dec. 14,1795. 

A Committee of Accounts.— Nov. 7, 1804.H 
A Committee on Mileage.— Sept. 15, 1837. 

A Committee on Engraving, to consist of three members.— March 16, 1844 


To consist of 
five mem¬ 
bers each. 


committee was constituted for the first time. Previous to that day the business 
relating to the lands of the United States was sent either to the Committee of 
Claims or to a select committee, and frequently in parts to both. 

* From the earliest stages of the government, a select committee was annually 
raised upon the subject of “ the Post Office and Post Roads,” and was always 
composed of a member from each State. A standing committee was instituted 
on the 9th November, 1808, and, like the select committees, was directed to be 
composed of a member from each State. On the 23d December, 1811, it was 
directed to be composed of the same number of members as the other standing 
committees. 

t See note (t) page 177. 

i When the Committee on Private Lands was first constituted, it was composed 
of five members—two less than the other committees. On the 19th December, 
1817, it was directed to be composed of seven members. 

$ There are no duties assigned to the Committees on Manufactures, Agricul¬ 
ture, and Indian Affairs, in the rules. 

|| See note (t) page 177. 

H The Committee of Accounts was first constituted as a select committee on 
the 7th of November, 1804. It was made a standiDg committee December 17, 
1805. 




































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HOUSE OF REPRESENTATIVES. 


179 


77. It shall be the duty of the Committee of Elections to 
examine and report upon the certificates of election, or 
other credentials, of the members returned to serve in this 
House ; and to take into their consideration all such petitions 
and other matters touching elections and returns as shall or 
may be presented or come into question, and be referred to 
them by the House.— November 13, 1789; November 13, 1794. 

78. It shall be the duty of the Committee of Ways and 
Means to take into consideration all such reports of the Treas¬ 
ury Department, and all such propositions relative to the 
revenue, as may be referred to them by the House ; to inquire 
into the state of the public debt or the revenue, and of the 
expenditure; and to report, from time to time, their opinion 
thereon; [to examine into the state of the several public de¬ 
partments, and particularly into the laws making appropria¬ 
tions of moneys, and to report whether the moneys have been 
disbursed conformably with such laws; and also to report, 
from time to time, such provisions and arrangements as may 
be necessary to add to the economy of the departments, and 
and the accountability of their officers.]*— January 7, 1S02. 

In preparing bills of appropriations for other objects, the 
Committee of Ways and Means shall not include appropria¬ 
tions for carrying into effect treaties made by the United 
States; and where an appropriation bill shall be referred to 
them for their consideration, which contains appropriations for 
carrying a treaty into effect, and for other objects, they shall 
propose such amendments as shall prevent appropriations for 
carrying a treaty into effect being included in the same bill 
with appropriations for other objects.— January 30, 1819. 

* That portion of the duty of the Committee of Ways and Means which is 
printed within brackets, was originally adopted on the 7th January, 1802. On 
the 26th February, 1814, the Committee on Public Expenditures was created 
and added to the list of standing committees. The duties of this latter commit¬ 
tee are exactly those contained in that portion of the duties of the Committee of 
Ways and Means which is referred to in this note as within brackets. (See rule 
89.) The words ought to be stricken from, the specification of the duties of the 
Committee of Ways and Means. 


180 


RULES OF THE 


79. It shall also be the duty of the Committee of Ways 
and Means, within thirty days after their appointment, at 
every session of Congress, commencing on the first Monday 
of December, to report the general appropriation bills—for 
the civil and diplomatic expenses of government; for the 
army; for the navy; and for the Indian department and 
Indian annuities; or, in failure thereof, the reasons of such 
failure.— September 14, 1837. 

80. General appropriation bills shall be in order in prefer¬ 
ence to any other bills of a public nature, unless otherwise- 
ordered by a majority of the House.— September 14, 1837. 

81. No appropriation shall be reported in such general ap¬ 
propriation bills, or be in order as an amendment thereto, for 
any expenditure not previously authorized by law— September 
14, 1837—unless in continuation of appropriations for such 
public works and objects as are already in progress, and for 
the contingencies for carrying on the several departments of 
the Government.— March 13, 1838. 

82. It shall be the duty of the Committee of Claims to take 
into consideration all such petitions and matters or things 
touching claims and demands on the United States as shall 
be presented, or shall or may come in question, and be refer¬ 
red to them by the House ; and to report their opinion there¬ 
upon, together with such propositions for relief therein as to 
them shall seem expedient.— November 13, 1794. 

83. It shall be the duty of the Committee on Commerce to 
take into consideration all such petitions and matters or things 
touching the commerce of the United States as shall be pre¬ 
sented, or shall or may come into question, and be referred 
to them by the House; and to report, from time to time, their 
opinion thereon.*— December 14, 1795. 

* This committee was originally a Committee on Commerce and Manufactures. 
On the 8th December, 1819, a separate Committee on Manufactures was consti¬ 
tuted, and the duties of the original Committee on Commerce and Manufactures 
have been confirmed, as above, by leaving out the words “ and Manufactures 
There are no duties assigned in these rules to the Committee on Manufactures. 
























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HOUSE OF REPRESENTATIVES. 


181 


84. It shall be the duty of the Committee on the Public 
Lands to take into consideration all such petitions and matters 
or things respecting the lands of the United States as shall 
be presented, or shall or may come in question, and be 
referred to them by the House; and to report their opinion 
thereon, together with such propositions for relief therein as 
to them shall seem expedient .—December 17, 1805. 

85. It shall be the duty of the Committee on the Post Office 
and Post Roads to take into consideration all such petitions 
and matters or things touching the post office and post roads 
as shall be presented, or shall come in question, and be re¬ 
ferred to them by the House; and to report their opinion 
thereon, together with such propositions relative thereto as 
to them shall seem expedient .—November 9, 1808. 

86. It shall be the duty of the Committee for the District 
of Columbia to take into consideration all such petitions and 
matters or things touching the said District as shall be pre¬ 
sented, or shall come in question, and be referred to them by 
the House; and to report their opinion thereon, together with 
such propositions relative thereto as to them shall seem ex¬ 
pedient .—January 27, 1808. 

87. It shall be the duty of the Committee on the Judiciary 
to take into consideration such petitions and matters or things 
touching judicial proceedings as shall be presented, or may 
come in question, and be referred to them by the House ; 
and to report their opinion thereon, together with such propo¬ 
sitions relative thereto as to them shall seem expedient.— 
June 3, 1813. 

88. It shall be the duty of the Committee on Revolutionary 
Claims to take into consideration all such petitions and mat¬ 
ters or things touching claims and demands originating in the 
revolutionary war, or arising therefrom, as shall be presented, 
or shall or may come in question, and be referred to them by 
the House; and to report their opinion thereupon, together 
with such propositions for relief therein as to them shall seem 
expedient .—December 22, 1813. 


182 


RULES OF THE 


89. It shall be the duty of the Committee on Public Ex¬ 
penditures to examine into the state of the several public de¬ 
partments, and particularly into laws making appropriations 
of money, and to report whether the moneys have been dis¬ 
bursed conformably with such laws; and also to report, from 
time to time, such provisions and arrangements as may be 
necessary to add to the economy of the departments, and the 
accountability of their officers.*— February 26, 1814. 

90. It shall be the duty of the Committee on Private Land 
Claims to take into consideration all claims to land which may 
be referred to them, or shall or may come in question; and 
to report their opinion thereupon, together with such proposi¬ 
tions for relief therein as to them shall seem expedient .—April 
29, 1816. 

91. It shall be the duty of the Committee on Military 
Affairs to take into consideration all subjects relating to the 
military 'establishment and public defence which may be 
referred to them by the House, and to report their opinion 
thereupon; and also to report, from time to time, such 
measures as may contribute to economy and accountability 
in the said establishment.— March 13, 1822. 

92. It shall be the duty of the Committee on the Militia to 
take into consideration and report on all subjects connected 
with the organizing, arming, and disciplining the militia of 
the United States.— December 10, 1835. 

93. It shall be the duty of the Committee on Naval Affairs 
to take into consideration all matters which concern the naval 
establishment, and which shall be referred to them by the 
House, and to report their opinion thereupon; and also to 
report, from time to time, such measures as may contribute to 
economy and accountability in the said establishment .—March 
13, 1822. 

* See note to rule 78. And further: on the 30th March, 1816, six Committees 
on Expenditures in the several departments of the government were created and 
added to the list of standing committees. The duties assigned to these several 
committees would seem entirely to cover the duties of the Committee on Public 
Expenditures. (See rules 105 and 106.) 














* 






:* | 
























HOUSE OF REPRESENTATIVES. 


1S3 


94. It shall be the duty of the Committee on Foreign Affairs 
to take into consideration all matters which concern the rela¬ 
tions of the United States with foreign nations, and which 
shall be referred to them by the House, and to report their 
opinion on the same. —March 13, *1822. 

95. It shall be the duty of the Committee on Territories to 
examine into the legislative, civil, and criminal proceedings 
of the Territories, and to devise and report to the House such 
means as, in their opinion, may be necessary to secure the 
rights and privileges of residents and non-residents.— Decem¬ 
ber 13, 1825. 

96. It shall be the duty of the Committee on Revolutionary 
Pensions to take into consideration all such matters respecting 
pensions for services in the revolutionary war, other than in¬ 
valid pensions, as shall be referred to them by the House. 
January 10, 1831. 

97. It shall be the duty of the Committee on Invalid Pen¬ 
sions to take into consideration all such matters respecting 
invalid pensions, as shall be referred to them by the House. 
January 10, 1831. 

98. It shall be the duty of the Committee on Roads and 
Canals to take into consideration all such petitions and matters 
or things relating to roads and canals, and the improvement of 
the navigation of rivers, as shall be presented, or may come 
in question, and be referred to them by the House; and to 
report thereupon, together with such propositions relative 
thereto as to them shall seem expedient .—December 15, 1S31. 

99. It shall be the duty of the Committee on Patents to 
consider all subjects relating to patents which may be referred 
to them ; and report their opinion thereon, together with such 
propositions relative thereto as may seem to them expedient. 
September 15, 1837. 

100. It shall be the duty of the Committee on Public Build¬ 
ings and Grounds to consider all subjects relating to the public 
edifices and grounds within the city of Washington which 
may be referred to them; and report their opinion thereon, 


184 


RULES OF THE 


together with such propositions relating thereto as may seem 
to them expedient.— September 15, 1837. 

101. It shall be the duty of the Committee of Revisal and 
Unfinished Business to examine and report what laws have 
expired, or are near expiring, and require to be revived or 
further continued; also to examine and report, from the Jour¬ 
nal of last session, all such matters as were then depending 
and undetermined.— December 14, 1795. 

102. It shall be the duty of the Committee of Accounts to 
superintend and control the expenditures of the contingent 
fund of the House of Representatives— December 17, 1805 ; 
also to audit and settle all accounts which may be charged 
thereon; and also to audit the accounts of the members for 
their travel to and from the seat of government, and their at¬ 
tendance in the House.*— December 23, 1811. 

103. It shall be the duty of the Committee on Mileage to 
ascertain and report the distance to the Sergeant-at-arms, 
for which each member shall receive pay.f— September 15, 
1837. 

104. There shall be appointed a standing committee of this 
House, to consist of three members, to be called the Com¬ 
mittee on Engraving,^ to whom shall be referred by the Clerk 
all drawings, maps, charts, or other papers, which may at 
any time come before the House for engraving, lithographing, 
or publishing in any way ; which committee shall report to 

* So much of this rule as directs the Committee of Accounts to audit and 

li 

settle the mileage and daily pay of the members, was adopted at the first session 
of the twelfth Congress, (1811.) At the first session of the twenty-fifth Con¬ 
gress, (1837,) a standing Committee on Mileage was created, for the especial 
purpose of ascertaining and reporting the mileage for which each member shall 
receive pay. (See rule 103.) 

t See rule and note to rule 102. 

t The resolution of Congress “ regulating the printing of Congress, and estab¬ 
lishing the compensation for the same,” approved July 23, 1840, provides tjiat 
“ when any order for printing requires maps or charts, the same shall be obtained 
under the direction of the Committee on Contingent Expenses of the house 
making such order.” 













* 























































































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* 













, 


















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HOUSE OF REPRESENTATIVES. 


185 


the House whether the same ought, in their opinion, to be 
published; and if the House order the publication of the same, 
that said committee shall direct the size and manner of exe¬ 
cution of all such maps, charts, drawings, or other papers, 
and contract by agreement, in writing, for all such engraving, 
lithographing, printing, drawing, and coloring, as may be 
ordered by the House ; which agreement, in writing, shall be 
furnished by said committee to the Committee of Accounts, 
to govern said committee in all allowances for such works; 
and it shall be in order for said committee to report at all 
times.— March 16, 1844. 

105. Six additional standing committees shall be appointed 
at the commencement of the first session in each Congress, 
whose duties shall continue until the first session of the en¬ 
suing Congress.— March 30, 1816. 

1. A Committee on so much of the Public Accounts and Expendi¬ 

tures as relates to the Department of State; 

2. A Committee on so much of the Public Accounts and Expendi¬ 

tures as relates to the Treasury Department; 

3. A Committee on so much of the Public Accounts and Expendi¬ 

tures as relates to the Department of War; 

4. A Committee on so much of the Public Accounts and Expendi¬ 

tures as relates to the Department of the Navy; 

5. A Committee on so much of the Public Accounts and Expendi¬ 

tures as relates to the Post Office; and 

6. A Committee on so much of the Public Accounts and Expendi¬ 

tures as relates to the Public Buildings. 

106. It shall be the duty of the said committees to examine 
into the state of the accounts and expenditures respectively 
submitted to them, and to inquire and report particular^— 

Whether the expenditures of the respective departments 
are justified by law; 

Whether the claims from time to time satisfied and dis¬ 
charged by the respective departments are supported by suffi¬ 
cient vouchers, establishing their justness both as to their 
character and amount; 

Whether such claims have been discharged out of funds ap- 


To consist of 
■ five mem¬ 
bers each. 




1S6 


RULES OF THE 


propriated therefor, and whether all moneys have been dis¬ 
bursed in conformity with appropriation laws: and 

Whether any, and what, provisions are necessary to be 
adopted, to provide more perfectly for the proper application 
of the public moneys, and to secure the government from 
demands unjust in their character or extravagant in their 
amount. 

And it shall be, moreover, the duty of the said committees 
to report, from time to time, whether any, and what, retrench¬ 
ment can be made in the expenditures of the several depart¬ 
ments, without detriment to the public service; whether any, 
and what, abuses at any time exist in the failure to enforce 
the payment of moneys which may be due to the United 
States from public defaulters or others ; and to report, from 
time to time, such provisions and arrangements as may be 
necessary to add to the economy of the several departments 
and the accountability of their officers.* —March 30, 1816. 

fit shall be the duty of the several Committees on Public 
Expenditures to inquire whether any offices belonging to the 
branches or departments, respectively, concerning whose ex¬ 
penditures it is their duty to inquire, have become useless or 
unnecessary; and to report, from time to time, on the expe¬ 
diency of modifying or abolishing the same; also, to examine 
into the pay and emoluments of all offices under the laws of 
the United States; and to report, from time to time, such a 
reduction or increase thereof as a just economy and the pub¬ 
lic service may require .—February 19, 1817. 

107. The several standing committees of the House shall 
have leave to report by bill or otherwise .—March 13, 1822. 

108. No committee shall sit during the sitting of the House, 
without special leave. —November 13, 1794. 

109. It shall be the duty of the Clerk to make, and cause 
to be printed, and delivered to each member, at the com- 

* See notes to rules 78 and 89. 

t This part of the duties of those committees was, previous to 1841, over¬ 
looked, and omitted in the printed editions. 






















































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HOUSE OF REPRESENTATIVES. 


187 


mencement of every session of Congress, a list of the reports 
which it is the duty of any officer or department of the gov¬ 
ernment? to make to Congress ; referring to the act or resolu¬ 
tion, and page of the volume of the laws or journal in which 
it may be contained; and placing under the name of each 
officer the list of reports required of him to be made, and the 
time when the report may be expected.— March 13, 1822. 

110. It shall be the duty of the Clerk of the House, at the 
end of each session, to send a printed copy of the journals * 
thereof to the Executive, and to each branch of the lemsla- 
ture of every State.— November 13, 1794. 

111. All questions of order shall be .noted by the Clerk, 
with the decision, and put together at the end of the journal 
of every session.— December 23, 1811. 

112. Whenever confidential communications are received 
from the President of the United States, the House shall be 
cleared of all persons, except the members, Clerk, Sergeant- 
at-arms, and Doorkeeper,* and so continue during the read¬ 
ing of such communications, and (unless otherwise directed 
by the House) during all debates and proceedings to be had 
thereon. And when the Speaker, or any other member, 
shall inform the House that he has communications to make, 
which he conceives ought to be kept secret, the House shall, 
in like manner, be cleared, till the communication be made; 
the House shall then determine whether the matter communi¬ 
cated requires secrecy or not, and take order accordingly.— 
February 17, 1792, and December 30, 1793. 

113. All questions relating to the priority of business to 
be acted on, shall be decided without debate.— February 
21, 1803. 

* In the rule as originally established, on the 17th February, 1792, it is pro¬ 
vided that the House be cleared of all persons, except “ the members and the 
Clerk.” In the rules of the 13th November, 1794, the language used is “ the 
members of the House and its officers.” In the edition of 7th January, 1802, the 
terms “ members and Clerk ” are again used; and on the 23d December, 1811, 
it was changed to its present form, so as to include the sergeant-at-arms and door¬ 
keeper. 


V 


188 RULES OF THE 

OF BILLS. 

114. Every bill shall be introduced on the report of a com¬ 
mittee, or by motion for leave. In the latter case, at least 
one day’s notice shall be given of the motion* in the House, 
or by filing a memorandum thereof with the Clerk, and having 
it entered on the journal; and the motion shall be made, and 
the bill introduced, if leave is given, when resolutions are 
called for : such motion, or the bill when introduced, may be 
committed.— April 7, 1789 ; September 15, 1837 ; and March 
2, 1838. 

115. Every bill shall receive three several readings in the 
House, previous to its passage; and bills shall be despatched 
in order as they were introduced, unless where the House shall 
direct otherwise; but no bill shall be twice read on the same 
day, without special order of the House.— April 7, 1789. 

116. The first reading of a bill shall be for information, and, 
if opposition be made to it, the question shall be: “Shall this 
bill be rejected?” If no opposition be made, or if the ques¬ 
tion to reject be negatived, the bill shall go to its second 
reading without a question.!— April 7, 1789. 

* In the early stages of the government, before the institution of standing 
committees, it was the common practice to introduce bills, on motion for leave, 
by individual members; the bills were then referred to a select committee, to 
examine and report upon. The practice, however, of introducing bills by mem¬ 
bers, on leave, gradually grew into disuse as standing committees were created, 
and, for nearly thirty years, no case occurs on the journals A few cases have 
occurred within the last five or six years. It is an inconvenient practice, and 
does not facilitate business. Previous to the 13th March, 1822, so strict was the 
House upon the introduction of bills, that standing committees had to obtain 
leave, in every case, to report by bill. On that day the 107th rule was adopted. 

t But not on the day of its introduction; that is prohibited by rule 115. The 
meaning of the rule is, that it passes to its second reading the next day “ without 
motion or question;” it is the duty of the Speaker then to take it up, and give it 
the second reading when clearing his table under the 25th rule. If no opposition 
be made to a bill, or if the question to reject be negatived, and the bill receives 
its second reading forthwith, (as is usual,) it is always understood that it is by 
“ special order of the House.” In the rapid and hurried manner in which bills 
are now reported and acted upon, the motion is seldom or never made, nor is the 








































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HOUSE OF' REPRESENTATIVES. 


189 


117. Upon the second reading of a bill, the Speaker shall 
state it as ready for commitment or engrossment; and, if 
committed, then a question shall be, whether to a select or 
standing committee, or to a Committee of the Whole House; 
if to a Committee of the Whole House, the House shall de¬ 
termine on what day— November 13, 1794; if no motion be 
made to commit, the question shall be stated on its engross¬ 
ment ; and if it be not ordered to be engrossed on the day of 
its being reported, it shall be placed in the general file on the 
Speaker’s table, to be taken up in order.— September 14,1837. 
But, if the bill be ordered to be engrossed, the House shall 
appoint the day when it shall be read the third time.— No¬ 
vember 13, 1794. 

118. Not more than three bills, originating in the House, 
shall be committed to the same Committee of the Whole; and 
such bills shall be analogous in their nature, which analogy 
shall be determined by the Speaker.— December 29, 1817. 

119. A motion to strike out the enacting words of a bill 
shall have precedence of a motion to amend ; and, if carried, 
shall be considered equivalent to its rejection.*— March 13, 
1822. 

question put, “ Shall the bill be now read a second time?” The Speaker takes 
it for granted that the motion has been made and allowed, and announces the 
second reading as soon as the first reading is completed.- When a bill is read the 
first time, and no disposition of it be moved, it remains on the Speaker’s table to 
receive its second reading on the next day, as matter of course, in the third class 
of the 25th rule. 

* The Manual states that if a committee be opposed to the whole paper or bill, 
and think it cannot be made good by amendment, the committee cannot reject it, 
but must report it back to the House without amendment, and there make their 
opposition. In 1814, a Committee of the Whole struck out the first and only 
section of a bill, and so reported to the House. Mr. Speaker Cheves refused to 
receive the report on the ground that it was tantamount to a rejection of the bill, 
which the committee had not power to do. After this, that the merit of ques¬ 
tions might be tested in Committee of the Whole, rule 119 was adopted. The 
Manual provides that a paragraph or section may be first amended by its friends, 
so as to make it as perfect as they can before the question is put for striking it 
out. By this rule, (i . e., rule 119,) it is expressly established that a motion to 
strike out, for the purpose of destroying, shall be paramount to a motion to 


190 


RULES OF THE 


120. After commitment and report thereof to the House, or 
at any time before its passage, a bill may be recommitted.* 
April 7, 1789. 

121. All bills ordered to be engrossed shall be executed in 
a fair round hand .—April 7, 17S9. 

122. No amendment by way of rider shall be received to 
any bill on its third reading .—April 8, 1814. 

123. When a bill shall pass, it shall be certified by the 
Clerk, noting the day of its passage at the foot thereof .—April 
7, 1789. 


OF COMMITTEES OF THE WHOLE HOUSE. 

124. It shall be a standing order of the day, throughout the 
session, for the House to resolve itself into a Committee of the 
Whole House on the state of the Union.t —April 7, 1789. 

125. In forming a Committee of the Whole House, the 
Speaker shall leave his chair, and a chairman, to preside 

amend. Rule 139 provides that the Manual shall govern in cases in which it is 
applicable, where it is not inconsistent with established rules. In the case, then, 
of giving precedence to motions to insert or to amend over motions to strike out 
or reject, it is clearly inconsistent with an established rule, and consequently the 
practice of the House for the last few years has been in violation of the 119th 
rule. 

* A difference of opinion often arises as to the construction of this rule. 
Anciently it was held and practised upon, according to its terms, that a bill could 
be recommitted at any time before its passage. Of late years it has been decided 
that, if the previous question on its passage be ordered, a motion to recommit is 
not in order, but that the question must be put on the passage of the bill. I 
think the practice unsound. The intention of a recommitment is for the purpose 
of perfecting the bill, and it is endangered by forcing its passage in an imperfect 
state. 

t For more than forty years it was held and practised, under this rule, that the 
House could resolve itself into a Committee of the Whole on the state of the 
Union at any time. Recently, however, a different practice prevailed, it being 
held that several of the rules prescribing the order of business, as well as special 
orders, interposed to prevent it; in consequence of w r hich the House, on the 1st 
June, 1840, amended the 13Gth rule so as to go into Committee of the Whole on 
the state of the Union at any time; in other words, restored the ancient practice 
under the 124th rule. 




















* 















































, 












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HOUSE OF REPRESENTATIVES. 


191 


in committee, shall be appointed by the Speaker .*—April 
7, 1789. 

126. Whenever the Committee of the Whole on the state 
of the Union, or the Committee of the Whole House, finds 
itself without a quorum, the chairman shall cause the roll of 
the House to be called, and thereupon the committee shall 
rise, and the chairman shall report the names of the absentees 
to the House, which shall be entered on the journal.— De¬ 
cember 18, 1847. 

127. Upon bills committed to a Committee of the Whole 
House, the bill shall be first read throughout by the Clerk, 
and then again read and debated by clauses, leaving the 
preamble to be last considered ; the body of the bill shall not 
be defaced or interlined; but all amendments, noting the page 
and line, shall be duly entered by the Clerk on a separate 
paper, as the same shall be agreed to by the committee, 
and so reported to the Housed After report, the bill shall 
again be subject to be debated and amended by clauses, 
before a question to engross it be taken.— April 7, 1789. 

128. All amendments made to an original motion in com¬ 
mittee shall be incorporated with the motion, and so reported. 
April 7, 1789. 

129. All amendments made to a report committed to a 
Committee of the Whole House shall be noted, and reported, 
as in the case of bills .—April 7, 1789. 

130. All questions, whether in committee or in the House, 
shall be propounded in the order in which they were moved, 
except that, in filling up blanks, the largest sum and longest 
time shall be first put.| —April 7, 1789. 


* Originally the rule was silent as to the mode of appointing a chairman of the 
Committee of the Whole. He was appointed by the House by nomination and 
vote thereon. That practice became very inconvenient; and on the 13th Novem¬ 
ber, 1794, the rule was amended by adding “ by the Speaker.” 

tThis refers to bills in manuscript and bills from the Senate. It was long 
after the date of this rule that the practice of printing the bills obtained. 

f See rule 46, and the note to that rule, which is explanatory of this rule. 


192 


RULES OF THE 


131. No motion or proposition for a tax or charge upon the 
people shall be discussed the day on which it is made or 
offered; and every such proposition shall receive its first 
discussion in a Committee of the Whole House.— November 
13, 1794. 

132. No sum or quantum of tax or duty, voted by a Com¬ 
mittee of the Whole House, shall be increased in the House 
until the motion or proposition for such increase shall be first 
discussed and voted in a Committee of the Whole House ; 
and so in respect to the time of its continuance.— November 13, 
1794. 

133. All proceedings touching appropriations of money 
shall be first discussed in a Committee of the Whole House.* 
November 13, 1794. 

134. The rules of proceedings in the House shall be ob¬ 
served in a Committee of the Whole House, so far as they 
may be applicable, except the rule limiting the times of 
speaking— April 7, 1789; but no member shall speak twice 
to any question, until every member choosing to speak shall 
have spoken.— December 17, 1805. 

135. In Committee of the Whole on the state of the Union, 
the bills shall be taken up and disposed of in their order on 
the calendar; but when objection is made to the considera¬ 
tion of a bill, a majority of the committee shall decide, with¬ 
out debate, whether it shall be taken up and disposed of, or 
laid aside : provided that general appropriation bills, and, in 
time of war, bills for raising men or money, and bills con¬ 
cerning a treaty of peace, shall be preferred to all other bills, 
at the discretion of the committee; and when demanded by 
an} 7 member, the question shall first be put in regard to them. 
July 27, 1848. 

136. No standing rule or order of the House shall be re- 

* This rule, as first adopted, required all proceedings touching appropriations 
of money to be first moved in Committee of the Whole. The word “ moved' 1 
was struck out on the 17th December, 1805, as it was found, in practice, greatly 
to retard public business. 




























































































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HOUSE OF REPRESENTATIVES. 


193 


scinded or changed* without one day’s notice being given of 
the motion therefor— November 13, 1794; nor shall any rule 
be suspended, except by a vote of at least two-thirds of the 
members present.!— March 13, 1822 ; nor shall the order of 
business, as established by the rules, be postponed or changed, 
except by a vote of at least two-thirds of the members pres¬ 
ent.— April 26, 1828. The House may at any time, by a 
vote of a majority of the members present, suspend the rules 
and orders for the purpose of going into the Committee of the 
Whole House on the state of the Union; and also for provid¬ 
ing for the discharge of the Committee of the Whole House, 
and the Committee of the Whole House on the state of the 
Union— January 25, 1848—from the further consideration of 
any bill referred to it, after acting without debate on all 
amendments pending and that may be offered.!— March 11, 
1844. 

137. Except during the last ten days of the session, the 
Speaker shall not entertain a motion to suspend the rules of 
the House at any time, except on Monday of every week: 
provided nothing herein contained shall be construed to alter 
so much of the 136th rule as provided as follows: “ The 
House may at any time, by a vote of a majority of the mem¬ 
bers present, suspend the rules and orders for the purpose of 
going into the Committee of the Whole House on the state of 
the Union; and also for providing for the discharge of the 
committee from the further consideration of any bill referred 

* The words “ or changed,” were added on the 23d December, 1811. 

f This rule was amended at this place, June 18, 1841, [extra session 27th Con¬ 
gress,] by inserting these words : “It shall not be in order to move a suspension 
of the rules for any purpose until after the daily call for petitions, reports of 
committees, and resolutions shall be completed, except for a motion to proceed 
to the orders of the day.” At the commencement of the next session, the House 
adopted the rules of the Twenty-sixth Congress, by which this and all other 
amendments made at the extra session fell. 

X December 4, 1843, the rules of the Twenty-seventh Congress were adopted, 
with the exception of this rule. On the 11th March, 1844, this rule was re¬ 
adopted. 


13 


194 


RULES OF THE 


to it, after acting without debate on all amendments pending 
and that may be offered.— December 18, 1847. 

138. It shall be in order for the Committee on Enrolled 
Bills to report at any time.— March 13, 1822. 

139. The rules of parliamentary practice, comprised in 
Jefferson’s Manual, shall govern the House in all cases to 
which they are applicable, and in which they are not incon¬ 
sistent with the Standing Rules and Orders of the House, and 
the Joint Rules of the Senate and House of Representatives.— 
September 15, 1837. 

140. No person shall be permitted to perform divine service 
in the chamber occupied by the House of Representatives 
unless with the consent of the Speaker.— May 19, 1804. 

141. The rule for paying witnesses summoned to appear 
before this House, or either of its committees, shall be as fol¬ 
lows: For each day a witness shall attend, the sum of two 
dollars; for each mile he shall travel in coming to or going 
from the place of examination, the sum of ten cents each way ; 
but nothing shall be paid for travelling home when the witness 
has been summoned at the place of trial.— June 5, 1832. 

142. The Clerk shall, within thirty days after the close of 
each session of Congress, cause to be completed the printing 
and primary distribution, to members and delegates, of the 
Journal of the House, together with an accurate index to the 
same.— June 18, 1832. 

143. There shall be retained in the library of the Clerk’s 
office, for the use of the members there, and not to be with¬ 
drawn therefrom, two copies of all the books and printed doc¬ 
uments deposited in the library.— December 22, 1826. 

144. The Clerk shall have preserved for each member of 
the House an extra copy, in good binding, of all the docu¬ 
ments printed by order of either House at each future session 
of Congress.— February 9, 1831. 

145. The Clerk shall make a weekly statement of the reso¬ 
lutions and bills (Senate bills inclusive) upon the Speaker’s 
table, accompanied with a brief reference to the orders and 


1 


<■ 












■ 




■ 




















, 





* 























* :■ 
























HOUSE OF REPRESENTATIVES. 


195 


proceedings of the House upon each, and the date of such 
orders and proceedings ; which statement shall be printed for 
the use of the members.— April 21, 1836. 

146. The Clerk shall cause an index to be prepared to the 
acts passed at every session of Congress, and to be printed 
and bound with the acts.— July 4, 1832. 

147. The unappropriated rooms in that part of the Capitol 
assigned to the House shall be subject to the order and disposal 
of the Speaker, until the further order of the House.— May 
26, 1S24. 

148. Maps accompanying documents shall not be printed, 
under the general order to print, without the special direction 
of the House.— March 2, 1837 ; September 11, 1837. 

149. No committee shall be permitted to employ a clerk at 
the public expense, without first obtaining leave of the House 
for that purpose.— December 14, 1838. 

150. No extra compensation shall be allowed to any officer, 
or messenger, page, laborer, or other person in the service of 
the House, or engaged in or about the public grounds or build¬ 
ings ; and no person shall be an officer of the House, or con¬ 
tinue in its employment, who shall be an agent for the prose¬ 
cution of any claim against the government, or be interested 
in such claim otherwise than an original claimant; and it shall 
be the duty of the Committee of Accounts to inquire into and 
report to the House any violation of this rule.— March 8, 1842. 

151. Upon the engrossment of any bill making appropria¬ 
tions of money for works of internal improvement of any kind 
or description, it shall be in the power of any member to call 
for a division of the question, so as to take a separate vote of 
the House upon each item of improvement or appropriation 
contained in said bill, or upon such items separately, and 
others collectively, as the members making the call may spe¬ 
cify ; and if one-fifth of the members present second said call, 
it shall be the duty of the Speaker to make such divisions of 
the question, and put them to vote accordingly.— February 
26, 1846. 


196 


RULES OF THE HOUSE. 


152. The following resolution was passed by the House of 
Representatives January 30, 1846— Journal of the House of 
Representatives , 1st session , 29 th Congress , page 323: 

“Whereas the Clerk of this House is by law made the re¬ 
sponsible officer for the proper disbursement of the contingent 
fund, and is required to give bond for the faithful disburse¬ 
ment thereof: therefore, 

“ Resolved , That, from and after the passage of this resolu¬ 
tion, all contracts, bargains, or agreements, relative to the 
furnishing any matter or thing, or for the performance of any 
labor for the House of Representatives, be made with the 
Clerk, or approved by him, before any allowance shall be 
made therefor by the Committee of Accounts.” 



















' 





















JOINT RULES AND ORDERS 


OF 

THE TWO HOUSES. 


1. In every case of an amendment of a bill agreed to in 
one house and dissented to in the other, if either house shall 
request a conference, and appoint a committee for that pur¬ 
pose, and the other house shall also appoint a committee to 
confer, such committees shall, at a convenient hour, to be 
agreed upon by their chairmen, meet in the conference cham¬ 
ber, and state to each other, verbally or in writing, as either 
shall choose, the reasons of their respective houses for and 
against the amendment, and confer freely thereon .—November 
13, 1794. 

2. When a message shall be sent from the Senate to the 
House of Representatives, it shall be announced at the door 
of the House by the Doorkeeper, and shall be respectfully 
communicated to the Chair by the person by whom it may 
be sent .—November 13, 1794. 

3. The same ceremony shall be observed when a messen¬ 
ger shall be sent from the House of Representatives to the 
Senate .—November 13, 1794. 

4. Messages shall be sent by such persons as a sense of 
propriety in each house may determine to be proper.— 
November 13, 1794. 

5. While bills are on their passage between the two 
houses, they shall be on paper, and under the signature of 
the Secretary or Clerk of each house, respectively.— Novem¬ 
ber 13, 1794. 



198 


JOINT RULES OF THE TWO HOUSES. 


6. After a bill shall have passed both houses, it shall be 
duly enrolled on parchment by the Clerk of the House of 
Representatives or the Secretary of the Senate, as the bill 
may have originated in the one or the other house, before 
it shall be presented to the President of the United States.— 
November 13, 1794. 

7. When bills are enrolled, they shall be examined by a 
joint committee of two from the Senate and two from the 
House of Representatives, appointed as a standing committee 
for that purpose, who shall carefully compare the enrolment 
with the engrossed bills as passed in the two houses, and, 
correcting any errors that may be discovered in the enrolled 
bills, make their report forthwith to their respective houses.— 
November 13, 1794, and February 1 , 1827. 

8. After examination and report, each bill shall be signed 
in the respective houses, first by the Speaker of the House 
of Representatives, then by the President of the Senate.— 
November 13, 1794. 

9. After a bill shall have been thus signed in each house, 
it shall be presented, by the said committee, to the President 
of the United States, for his approbation, (it being first en¬ 
dorsed on the back of the roll, certifying in which house the 
same originated; which endorsement shall be signed by the 
Secretary or Clerk, as the case may be, of the house in 
which the same did originate,) and shall be entered on the 
journal of each house. The said committee shall report the 
day of presentation to the President; which time shall also 
be carefully entered on the iournal of each house.— November 
13, 1794. 

10. All orders, resolutions, and votes which are to be pre¬ 
sented to the President of the United States for his approba¬ 
tion, shall also, in the same manner, be previously enrolled, 
examined, and signed; and shall be presented in the same 
manner, and by the same committee, as provided in the 
cases of bills.— November 13, 1794. 

11. When the Senate and House of Representatives shall 


, . 


























■ 




















































% 







JOINT RULES OF THE TWO HOUSES. 


199 


judge it proper to make a joint address to the President, it 
shall be presented to him in his audience chamber by the 
President of the Senate, in the presence of the Speaker and 
both houses.— November 13, 1794. 

12. When a bill or resolution which shall have passed in 
one house is rejected in the other, notice thereof shall be given 
to the house in which the same shall have passed. 

13. When a bill or resolution which has been passed in 
one house shall be rejected in the other, it shall not be 
brought in during the same session, without a notice of ten 
days and leave of two-thirds of that house in which it shall 
be renewed. 

14. Each house shall transmit to the other all papers on 
which any bill or resolution shall be founded. 

15. After each house shall have adhered to their disagree¬ 
ment, a bill or resolution shall be lost. 

16. No bill that shall have passed one house shall be sent 
for concurrence to the other on either of the three last days 
of the session .—January 30, 1S22. 

17. No bill or resolution that shall have passed the House 
of Representatives and the Senate shall be presented to the 
President of the United States, for his approbation, on the 
last day of the session.— January 30, 1822. 

18. When bills which have passed one house are ordered 
to be printed in the other, a greater number of copies shall 
not be printed than may be necessary for the use of the house 
making the order.— February 9, 1829. 

19. No spirituous liquors shall be offered for sale or exhib¬ 
ited within the Capitol or on the public grounds adjacent 
thereto.— September 18, 1837. 

20. It shall be in order for the Committee on Printing to 
report any time.— 1st session 30 tli Congress . 

21. After six days from the commencement of a second 
or subsequent session of Congress, all bills, resolutions, or 
reports which originated in either house, and at the close of 
the next preceding session remained undetermined in either 


200 


JOINT RULES OF THE TWO HOUSES. 


house, shall be resumed and acted on in the same manner as 
if an adjournment had not taken place .—August 14, 1848. 

22. A committee of three members of the Senate and three 
members of the House of Representatives shall be appointed 
by the President of the Senate and Speaker of the House, to 
be called the Joint Committee on the Public Printing, which 
committee shall have a right to decide between the Superin¬ 
tendent of the Public Printing and the Public Printer in any 
dispute which may arise as to the propriety of the decisions 
of the Superintendent making deductions on account of work 
which the Superintendent may refuse to receive, or which, 
in his opinion, may not be done with proper despatch, as re¬ 
quired by law; and the said committee shall pass upon the 
accounts of the Superintendent of the Public Printing. Said 
committee shall have power to adopt such measures as may 
be deemed necessary to remedy any neglect or delay in the 
execution of the public printing: provided that no contract, 
agreement, or arrangement entered into by this committee 
shall take effect until the same shall have been approved by 
that house of Congress to which the printing belongs; and, 
when the printing delayed relates to the business of both 
houses, until both houses shall have approved of such con¬ 
tract or arrangement. All motions to print extra copies of 
any bill, report, or other document, shall be referred to the 
members of the Committee on Printing from the house in 
which the same may be made .-—Laws (twelfth section) of the 
ls£ session 3 2d Congress. 

O 





















































































































































INDEX 


TO 

THE RULES AND ORDERS OF THE HOUSE OF REPRESENTATIVES, 

AND TO THE JOINT RULES. 


A. 

Rule. 

Absentees from the House, proceedings against.62, 63, 64 

attendance of, may be compelled by 15 members 65 
should have leave, be sick, or unable to attend.. 66 
in Committees of the Whole, to be reported to the House and 

entered on journal. 126 

Accounts for pay and mileage, to be kept by the Sergeant-at-arms. 70 

Acts and addresses, to be signed by the Speaker.. 15 

Address to the President, how to be presented, (joint rule). 11 

Adhere, effect of a vote to, in the two houses, (joint rule). 15 

Adjourn, motion to, always in order, and not debatable..— 48 

fix the day to which the House shall, always in order... 48 

hour at which made, to be entered on the journal. 49 

Agents for claims, employees of the House not to act as. 150 

Amend, motion to, order in which to be entertained with reference to other 

motions. 46 

motion to strike out the enacting clause, takes precedence 

of. 119 

Amendments, of Senate to House bills, when considered..— 27 

adopted, preclude the withdrawal of original motion. 45 

to be voted upon after previous question is ordered. 50 

conference on, upon which the two houses disagree, (joint rule) 1 
not in order, if on a subject different from that under consider¬ 
ation. 55 

if embracing any other pending bill or resolution 55 

to general appropriation bills, if not for appropri¬ 
ations authorized by law. 81 

to a bill on its third reading, if by way of ruler.. 122 

to the rules, require one day’s notice. 136 

in Committees of the Whole, five minutes’ debate on. 34 

not to be withdrawn. 34 

how kept by the Clerk and re¬ 
ported.127, 129 























202 


INDEX TO THE RULES OF THE 


Rule. 

Amendments in Committees of the Whole, to original motions to be incorpo¬ 
rated. 128 

to be disposed of before report of 

measure. 136 

Appeals growing out of irrelevancy, inadmissibility, &c., of motions, &c... 2 

how made and debated. 2 

growing out of “ transgressions of the rules in speaking,” indeco¬ 
rum, &c.35, 36 

not debatable after previous question is moved. 51 

growing out of questions as to the priority of business, not de¬ 
batable.-. 113 

Appropriation bills, if for other objects, not to include appropriations for 

carrying treaties into effect. 78 

general, to be reported within 30 days after appointment 

of the Committee of Ways and Means. 79 

shall take precedence of other bills in the 
House and in Committees of the Whole.. 80, 135 
not to include appropriations not authorized by 

law. 81 

to be first discussed in Committee of the Whole. 133 

for internal improvements , may be voted upon t>y items. 151 

B. 

Ballot, committees to be appointed by, in certain cases. 7 

in other cases of election by, a majority necessary. 11 

blanks in elections by, to be rejected. 11 

in all cases of election by, Speaker shall vote. 12 

no person to look on when tellers are counting votes by. 39 

Bar of the House, no member to vote unless within the. 40 

Bills, reported at first, to be resumed at second session (joint rule).21,22 

private, to have precedence on Fridays and Saturdays. 29 

to be called over on first and fourth Fridays of every month 

—preference to those not objected to. 30 

cannot be amended by adding other bills. 55 

proceedings on leave to introduce. 114 

how to be introduced or reported.. 114 

leave to introduce. 114 

making appropriations, to be reported within thirty days. 79 

to have preference in order. 80 

appropriations not authorized by law ex¬ 
cluded . 81 

to be first discussed in Committee of the 
Whole. 133 




























HOUSE OF REPRESENTATIVES. 


203 


Rule. 

Bills, the several readings of.... 115 

if opposed on first reading, question to reject to be put, &c. 116 

how to be disposed of on second reading.-. 117 

not more than three to be committed to the same Committee of the 

Whole. H8 

a motion to strike out the enacting words of, takes precedence of a 

motion to amend. 119 

effect of affirmative vote on 119 

may be recommitted at any time before passage. 120 

to be engrossed in a fair round hand. 121 

amendments of Senate, when considered. 27 

engrossed, when to be read a third time.. 27 

from the Senate, w r hen to be read and disposed of. 27 

not to be amended on third reading by rider . 122 

when passed to be certified by the Clerk. 123 

[in Committee of the Whole ] howto be taken up; not to be interlined; 
amendments to, how to be kept and reported; and, after report, 

may be again debated and amended. 127 

on their passage to be on paper (joint rule). 5 

to be enrolled on parchment after passing the two houses (joint rule) 6 

(See Engrossed Bills.) 

passed one house and lost in the other, notice to be given (joint rule).. 12 

how they may be renewed (joint 

rule). 13 

when sent from one house to the other, to be accompanied by papers 

(joint rule). 14 

not to be sent from one house to the other for concurrence on the 

three last days of session (joint rule). 16 

not to be presented to the President on the last day of a session (joint 

rule). 17 

relative to the printing of (joint rule). 18 

Blanks, in filling up, question to be first put on largest sum and longest time 130 

not to be counted in ballotings. 11 

Bond, Sergeant-at-arms required to give. 71 

Business, unfinished, precedence of.-. 58 

unfinished at first, to be resumed at second session (joint rules)..21,22 

daily order of. .23 to 27 

if changed or postponed, two-thirds necessary. 136 

no debate on priority of. 113 

on the Speaker's table, mode of disposing of. 27 

list to be made of, weekly. 145 

private, to have preference on Fridays and Saturdays. 29 

to be called over on first and fourth Fridays, and disposed 
of, if no objection. 30 































204 


INDEX TO THE RULES OF THE 


c. 

Rule. 

Calls on the Departments, to lie on the table one day . 61 

Calls of the House, names to be called alphabetically on. 62 

not in order after second of previous question. 50 

proceedings on .63, 64 

fifteen members may compel the attendance of absentees 

on, &c.63,65 

Capitol, unappropriated rooms in. 147 

no spirituous liquors to be brought within or about (joint rule)... 19 

Chair, Speaker may substitute a member to take. 6 

Chairman of Committee, who shall be.. 8 

may appoint meeting of committee. 10 

Chairman of Committee of the Whole, Speaker names. 125 

may order gallery or lobby cleared.- - 16 

how to call the calendar . 29 

Charge on the people, motions for... 131 

Claims, officers of the House not to prosecute. 150 

reporters having seats assigned shall not prosecute. 19 

Clerk of the House, to be chosen at the commencement of each Congress 

(see note to rule 21.) 

shall take oath of office and continue until successor 

appointed. 21 

shall attest all writs, warrants, and subpoenas. 15 

petitions may be presented to, and entered by him on 

the journal. 24 

to cause resolutions to be delivered to the President, &c. 61 

to refer maps, &c., to the Committee on Engraving... 104 

. to make out list of reports to be made to Congress by 

public officers. 109 

to furnish the Governors and State legislatures with 

copies of the journal. 110 

to note and put together at the end of the journal all 

questions of order. Ill 

notices of bills to be given to. 114 

shall certify bills which have passed. 123 

duty of, in relation to amendments in Committee of the 

Whole.127,129 

to cause journal to be completed and distributed within 

30 days. 142 

shall retain in library of his office two copies of all 

printed documents. 143 

to furnish members with bound documents. 144 

to cause the laws to be indexed. 146 

to make or approve all contracts. 152 






























HOUSE OF REPRESENTATIVES. 


205 


Rule. 

Clerk of the House , to make out weekly a list of business on the Speaker’s 

table. 145 

Clerks to committees , not to be employed without the order of the house... 149 

Commit , motion to , order in which, to be entertained with reference to other 

motions.46,47 

effect of not making, after second reading of Senate bills 27 
not to be repeated on same day, or at same stage of 

proposition. 46 

if previously made, to be voted upon after main ques¬ 
tion ordered. 50 

in order after the second reading of a bill. 117 

Committees , to be appointed by Speaker unless otherwise ordered. 7 

how appointed by ballot. 7 

who shall be chairman. 8 

member excused from serving on more than two . 9 

to meet on call of two members (if chairman be absent). 10 

order in which they shall be called for reports . 23 

motion to refer to standing, takes precedence of motion to refer 

to select . 47 

standing, to be appointed at the commencement of each session 76 

duties of, viz: of Elections. 77 

of Ways and Means. 78,79, 80,81 

of Claims. 82 

on Commerce. 83 

on Public Lands.-. 84 

on Post Office and Post Roads. 85 

for the District of Columbia. 86 

on the Judiciary. 87 

on Revolutionary Claims. 88 

on Public Expenditures. 89 

on Private Land Claims. 90 

on Military Affairs. 91 

on the Militia. 92 

on Naval Affairs. 93 

on Foreign Affairs. 94 

on the Territories. 95 

on Revolutionary Pensions. 96 

on Invalid Pensions. 97 

on Roads and Canals. ‘98 

on Patents. 99 

on Public Buildings and Grounds. 100 

on Revisal and Unfinished Business ... 101 

of Accounts. 102 

on Mileage. 103 





































206 


INDEX TO THE RULES OF THE 


105 


106 


Rule. 

Committees, standing, duties of, viz: on Engraving. 104 

on Agriculture, ) 

on Manufactures, > duties of, not defined. 76 

on Indian Affairs, ) 

to be appointed at the commencement of each Con¬ 
gress . 

duties of, viz: on so much of the public accounts 
and expenditures as relate to the 
Department of State; 
on so much of the public accounts 
and expenditures as relate to the 
Treasury Department; 
on so much of the public accounts 
and expenditures as relate to the 
Department of War; 
on so much of the public accounts 
and expenditures as relate to the 
Department of the Navy; 
on so much of the public accounts 
and expenditures as relate to the 
Post Office; and 

on so much of the public accounts 
and expenditures as relate to the 
Public Buildings; 

joint, on Enrolled Bills (joint rule). 7 

on the Public Printing (joint rule). 22 

on the Library of Congress (not embraced in 
the rules.) 

Regents in the Smithsonian Institution. (Act of 
Congress.) 

shall have leave to report by bill or otherwise. 107 

shall not sit during the sitting of the House. 108 

not to employ clerks without leave of the House. 149 

Committee of the Whole House, how formed. 125 

chairman of, may clear lobby and galleries. 16 

how to proceed in calling the calendar of. 29 

how to proceed in cases of bills. 127 

must first entertain all motions for laying or increasing taxes.. 131,132 

• appropriations must be first discussed in..». 133 

rules of the House to be observed in. 134 

how to report amendments.128,129 

may originate motions. 128 

on the state of the Union, motion to refer to, takes precedence_ 47 

to go into, a standing order of the day.. 124 





















HOUSE OF REPRESENTATIVES. 


207 


Rule. 

Committee on the state of the Union, House may go into at any time. 136 

debate may be closed in. 136 

roll to be called, &c., if found without a 

quorum. 126 

five minutes' debate allowed in, on amend¬ 
ment. 34 

how bills are to be taken up and con¬ 
sidered in. 135 

order of propounding questions in. 130 

Commitment, of motions and reports to be at the pleasure of the House... 54 

when different committees are proposed, their order.... 47 

Conference Committees, relative to (joint rule). 1 

Confidential communications or ‘proceedings, relative to. 112 

Sergeant-at-arms sworn to secrecy 72 

Doorkeeper sworn to secrecy.... 74 

Consideration, question of........... .. 5 

Conversation,private, members not to engage in...... 39 

D. 

Debate, limited on appeal to one speech, unless by leave. 2 

not allowed upon petitions on the day of presentation. 24 

not allowed upon resolutions on the day they are submitted.25,26 

not allowed upon private bills on the first and fourth Fridays of each 

month. 3 

member shall confine himself to the question under, and avoid per¬ 
sonality . 31 

in rising to, member shall address himself to “ Mr. Speaker ”- 31 

member may speak from the Clerk’s desk. 32 

Speaker shall name the member who is first to speak. 33 

no member shall occupy more than one hour in. 34 

member reporting the measure may open and close. 34 

five minutes allowed to explain, and the same time to oppose, 

amendments. 34 

member transgressing the rules in, to be called to order, and no 

debate on appeal.-. 35 

when decided out of order, not to proceed in case of objec¬ 
tion, without leave of the House. 35 

shall be liable to the censure of the House. 35 

called to order for words spoken in, w r ords spoken to be taken dow 7 n 

in writing. 36 

if business intervene before, he shall not be held to answer. 36 
no member shall speak more than once to the same question, unless 
by leave, or he be the mover, proposer, or introducer of the pend¬ 
ing proposition. 37 




























208 


INDEX TO THE RULES OF THE 


Rule. 

Debate, while member is speaking, no one shall hold private discourse or 

. pass between him and Chair. 39 

not allowed on a motion to excuse from voting .— 42 

not allowed on motions to adjourn, to fix the day to which House 

Mull adjourn, or lie on the table . 48 

not allowed on any question pending the previous question . 51 

not allowed on questions relating to the priority of business . 113 

in Committee of the Whole may be closed . 136 

Departments, calls for information from. 61 

list of reports to be made by. 109 

Disorder in the galleries and lobby. 16 

Division of the House . 4, 41 

Division of questions, how made....-.— 53 

to strike out and insert, not divisible. 51 

on internal improvement bills. 153 

Divine service not to be performed in the hall without consent of the 

Speaker..... 140 

Documents, members to be furnished with an extra set, bound. 144 

two copies of, to be retained in House library. 143 

relative to printing extra numbers of, (joint rule).22,61 

Doorkeeper, to be appointed. 73 

to be sworn to secrecy. 74 

required to execute 17th rule strictly. 20 

to keep register of persons claiming admittance. 17 

Duties or taxes, propositions to impose or increase. 131,132 

E. 

Elections, how to be conducted.11,12 

previous nomination necessary, except where members are eligible 13 

votes to be taken viva voce . 14 

Employees of the House not to receive extra compensation or act as claim 

agents. 150 

Enacting words stricken out, effect of.. 119 

Engraving, Committee on, to be appointed. 76 

duties of... 104 

Engrossment to be in a fair round hand. 121 

Engrossed bills not to be amended by riders . 122 

while on their passage between the two houses, (joint rule.) 

(See Bills.) 

Enrolled bills, Committee on, may report at any time. 138 

to be examined by the committee.) 

provision for the appointed of the Committe on ) ^° m 1U G " 
to be signed by the presiding officers of the houses, (joint 
rule). g 



































HOUSE OF REPRESENTATIVES. 


209 


Rule. 

Enrolled bills, how to be presented to the President, and the time to be 

noted, (joint rule). 9 

not to be presented to the President on the last day of ses¬ 
sion, (joint rule). 17 

Executive Departments, rules to be observed in calling for information from 

heads of. 61 

Executive communications, when to be read... 27 

Excused from voting, rule relating to being. 42 

Excused from serving on a committee, a member may be..-. 9 

Extra compensation forbidden. 150 

F. 

Fees against members. 64 

of Sergeant-at-Arms. 69 

of witnesses... 141 

Five-minutes rule .. 34 

Fridays, private business to have preference on. 29 

first and fourth, set apart for bills to which there is no objection.. 80 

G. 

Galleries may be cleared in cases of disorderly conduct. 16 

Governors admitted in the hall. 17 

journals to be sent to.-. 110 

H. 

Hall of the House of Representatives — 

to be under the direction of the Speaker. 6 

persons who may be admitted within the.. 17 

17th rule to be strictly executed. 20 

not to be used in the performance of divine service, unless by con¬ 
sent of the Speaker. 140 

Hour rule . 34 

Hour at which motion to adjourn is made to be entered on the journal —.. 49 

I. 

Index to laws to be made. 146 

Interested, members not to vote when. 40 

Internal improvement bills, separate votes may be taken on items of....... 151 

Indefinitely postponed, questions not to be resumed which are ............ 52 

J. 

Jefferson's Manual to govern in certain cases. 139 

Joint resolutions. (See Bills, which are governed by the same rules.) 

Journal to be read each day on the appearance of a quorum.. 1 

14 





























210 INDEX TO THE RULES OF THE 

Rule. 

Journal to be examined and corrected by the Speaker before it is read.... 6 

every written motion to be entered on, unless withdrawn on same 

day. 44 

hour at which motion to adjourn is made to be entered on. 49 

name of the member presenting petition or resolution to be en¬ 
tered on. 60 

copy of, to be sent to the Executive and each branch of State 

legislatures. 110 

decisions of questions of order to be put together at the end of... Ill 
list of absentees in Committees of the Whole to be entered on ... 126 

to be printed, indexed, and distributed within thirty days after 
close of session. 142 

* L. 

Largest sum, and longest time , in filling blanks, question to be first put on.. 130 

Laws to be signed by the Speaker.. 15 

Library of Clerk's office, books to be retained in... 143 

Lie on the table, motion to, precedence of... 46 

no debate on. 48 

one day, what propositions shall — 

orders, resolutions, or votes requiring the concurrence 

of the Senate. 59 

calling on the President or departments for informa¬ 
tion . 61 

to print extra numbers. 61 

for a tax or charge upon the people. 131 

to rescind or change a standing rule or order_ _ 136 

notices of bills. 114 

Lobby may be cleared in cases of disorderly conduct. 16 

M. 

Mace, the symbol of office of the Sergeant-at-Arms. 68 

Maps accompanying documents not to be printed without special order. 148 

Meeting of committees, how called. 10 

Members, Speaker shall call to order. 1 

excused from serving on more than two committees. 9 

to sit uncovered. 39 

not to visit Clerk’s desk while vote is being taken. 39 

not to vote when interested. 40 

must be within the bar to have votes counted. 41 

names of, to be called alphabetically. 62 

shall vote if in the House when question is put... 4*2 

absent at a call of the House.63,64,65 

not to be absent except by leave, or sick, or unable to attend.... 66 





























HOUSE OF REPRESENTATIVES 


211 


Rule. 

Members, accounts of, for pay and mileage, to be kept and paid by Sergeant- 

at-arms ... 70 

Committee on Mileage to ascertain and report on mileage of.... 103 

Memorials. (See Petitions.) 

Messages between the two houses, how to be announced and delivered (joint 


rules). 2,3 

by whom to be sent, (joint rule). 4 

from Senate, when considered. 27 

from President, when read. 27 

Mileage, duty of Committee on. 103 

Morning hour , for reports and resolutions. 27 

Motions, question of considering, not to be put unless demanded. 5 

shall be stated by the Speaker, and, if in w'riting, read by the 

Clerk before debate. 43 

shall, in all cases, be reduced to writing, if desired by the Speaker 

or a member. 44 

written, to be entered on the journal, unless withdrawn same day. 44 
may be withdrawn at any time before a decisiou or amendment.. 45 

precedence of....46, 47,56,130 

to strike out and insert shall be deemed indivisible. 53 

to strike out being lost, shall preclude neither amendment nor 

motion to strike out and insert. 53 

may be committed at pleasure. 54 

to strike out the enacting clause, precedence and effect of. 119 

original, in Committee of the Whole. 128 


N. 

Name of member, presenting petitions or resolutions. 60 

Newspapers, reporters to give the names of. 19 

Nominations, cases in which, necessary. 13 

Notices, of bills, may be given to the Clerk. 114 

bills may be introduced on, when resolutions are called for. 114 

O. 


Objection days, first and fourth Fridays of each month. 30 

Officers of the House shall be elected viva voce . 14 

Order, Speaker shall preserve. 2 

member in speaking called to, shall sit down, &c.. 35 

if decision in his favor, may proceed—otherwise not without 

leave.-. 35 

if member called to, for words spoken in debate, words to be taken 

down.-. 36 

questions of, Speaker shall decide, subject to appeal. 2 

Speaker may speak to, in preference to other members 2 






























212 


INDEX TO THE RULES OF THE 


Rule. 

Order, questions of, arising after previous question, to be decided without 

debate. 51 

to be noted and put together at the end of the journal. Ill 
of business of the session, all bills, &c., of either House, undisposed 

of at 1st session, shall resume their posi¬ 


tion after the first six days of the 2d 

session, (joint rules).21,22 

of business of the day ... 23,25,26,27 

as established by the rules, not to be postponed or changed except 

by a two-thirds vote. 136 

of the day, when Speaker to proceed to call. 27 

unfinished business shall have precedence in. 58 


P. 


Parliamentary practice, rides of, comprised in Jefferson’s Manual, adopted.. 

Pay of members, by Sergeant-at-arms... 

Personality, to be avoided in debate. 

Petitions, by whom, and in what manner, to be presented. 

to be presented to the Clerk. 

name of member presenting, to be entered on the journal. 

Plurality shall prevail on second ballot for members of committees. 

Postmaster of the House authorized to be appointed. 

Postpone to a day certain, order in which motion is to be entertained. 

not to be entertained again on same day, or at 

same stage. 

or change order of business. 

Postpone indefinitely, order in which motion is to be entertained.. 

not to be entertained again on same day, or at same 

stage of proposition. 

question not to be acted upon again during the session, 
if motion prevails. 


Precedence, or ^ to be decided without debate. 

Priority of business, ) 

Precedence of motions. 

President, rules to be observed in calling for information from the. 

manner of presenting bills and resolutions to the, (joint rule).... 

manner of presenting joint addresses to the, (joint rule). 

no bill or resolution to be presented on the last day of the session 

to the, (joint rule). 

Previous question, order of motion for. 

form and effects of.. 

call of the House not in order after second of.. 

no debate on. 

Printing, propositions to print extra numbers, to lie on the table one day... 


139 

70 

31 

24 

24 

60 

7 

75 

46 

46 

136 

46 

46 

52 

113 

46 

62 

9 

11 

17 

46 

50 

50 

51 
61 






























HOUSE OF REPRESENTATIVES. 


213 


Rule. 

Printing, propositions to print extra numbers to be referred to the Com¬ 
mittee on, (joint rule).... 22 

Committee on, duties of, &c., (joint rule). 22 

may report at any time, (joint rule). 20 

of bills of the Senate, ordered in the House, (joint rule). 18 

Private business to have precedence on Fridays and Saturdays. 29 

such as no objection is made to, to be considered first and 

fourth Fridays of each month... 30 

Privilege of the floor, who entitled to. 17 

17th rule to be strictly executed. 20 

Q. 

Questions , precedence of.46,47,56,130 

manner of putting. 4 

decorum to be observed during the putting of. 39 

division of. 53 

lost, when vote is made a tie by the vote of Speaker. 12 

order in which, to be propounded. 130 

Quorum, upon the appearance of, journal to be read. 1 

one-fifth of, may order tellers. 4 

fifteen members may compel the attendance of.. 65 

how compelled in Committee of the Whole. 125 

R. 

Reading of a paper, if objected to, may be determined by vote. 57 

Reconsider, motion to, may be made by a member of the majority. 56 

must be made on the same or succeeding day. 56 

shall take precedence of any motion, except to 

adjourn. 56 

cannot be withdrawn after succeeding day, and may 

be called up by any member... — 56 

Refer, motions to, order in which questions to be taken on. 47 

Register of persons claiming admission on the floor to be kept. 17 

Reporters to be admitted, and have places assigned them by the Speaker.. 18 

must state, in writing, for what paper or papers employed. 19 

shall not be admitted if engaged as claim agents. 19 

Reports to be made by the officers of government, list of, to be made out by 

Clerk at the commencement of each session. 109 

Reports of Committees not acted on at first session, to be acted on after the 

first six days of second session, as though no ad¬ 
journment had taken place, (joint rules).21,22 

to be called for as soon as the journal is read ...... 23 

may be committed at pleasure. 54 

may be by bill or otherwise. 107 

































214 


INDEX TO THE RULES OF THE 


Rule. 

Resolutions, when they may be submitted.25,26 

only one at a time.I 25 

every alternate Monday set aside for. 26 

those giving rise to debate to lie over... 26 

cannot be amended by adding other resolutions. 55 

requiring assent of the Senate, to be laid on the table one day 

before acting on, &c. 59 

calling on executive officers for information, to lie one day_ 61 

name of member moving. 60 

orders, votes, &c., requiring the President’s approbation, shall 
be signed and presented as in cases of bills—see Bills, 

(joint rule). 10 

passed one House and lost in the other, notice to be given, 

(joint rule). 12 

not to be presented to the President on the last day of the 

session, (joint rule). 17 

Riders, engrossed bills not to be amended by. 122 

Rooms, Speaker to dispose of unappropriated. 147 

Rules, how to be amended, rescinded, or suspended. 136 

motion to suspend, may be entertained every Monday, and the last 
twelve days of the session. 137 

S. 

Saturday, private bills take precedence on. 29 

Secret session, relating to. 112 

Sergeant-at-arms and Doorkeeper sworn to secrecy.72,74 

Senate, all orders to be laid on the table one day which require the assent 

of the. 59 

bills and resolutions, when to be read. 27 

consider messages from. 27 

messages to and from (joint rule). 5,6 

Sergeant-at-arms to be appointed, and general duties of. 67 

the mace to be borne by, when in the execution of his 

office. 68 

fees of, for making arrest, travelling expenses, &c. 69 

shall keep pay and mileage accounts, draw and pay over 

money, &c. 70 

shall give bond, with surety. 71 

shall be sworn to keep the secrets of the House. 72 

to pay mileage, upon the report of the Committee on 

Mileage. 103 

Speaker, shall take chair every day at hour to which House adjourned. 1 

shall preserve order, decide questions of order, subject to appeal, 

&c. 2 
































HOUSE OF REPRESENTATIVES. 


215 


Rule. 

Speaker, may speak to points of order in preference to other members.... 2 

shall rise to put a question. 3 

manner in which question shall be put by... 4 

shall state the result of vote by tellers. 4 

shall examine and correct the journal before it is read. 6 

shall have a general direction of the hall. 6 

may name member to perform the duties of the Chair for the day. 6 
shall appoint all committees, unless the House direct otherwise.. 7 
shall vote in all cases of ballot, and where his vote, if given to the 

minority, will make a tie. 12 

shall sign all acts, addresses, and joint resolutions. 15 

all writs, warrants, and subpoenas, shall be under the hand and 

seal of.. 15 

shall have power to order the galleries and lobby to be cleared.. 16 

may admit stenographers, and assign them places in writing.18,19 

petitions handed to the Clerk to be subject to the control of. 24 

shall name member who is first to speak. 33 

while question is being put by, or he is addressing the House, 
members to keep their seats, and not hold private conversation. 39 

shall state motions when made and seconded. 43 

to sign checks for pay and mileage of members. 70 

to appoint chairman of the Committee of the Whole. 125 

no person to perform divine service in the hall without consent of. 140 
shall have the control and disposal of the unappropriated rooms on 

the House side of the Capitol. 147 

Speaker, pro tempore, may be named by the Speaker for the day. 6 

Speaker's table, business on, how reached, and manner of disposing of. 27 

shall be attended to only at time specified in 

27th rule. 28 

weekly statement of, to be prepared by Clerk.. 145 

Stenographers, relative to.-.18,19 

shall not be admitted if engaged as claim agents. 19 

Strike out and insert, motions to, indivisible. 53 

Strike out, motion to, being lost, effect of. 54 

Strike out enacting clause, motion to, effect of.-. 119 

Subpoenas to be signed by the Speaker, &c. 15 

T. 

Taxes, ftc., respecting the imposition of.131,132 

Tellers may be appointed in certain cases. 4 

Tie votes 4 made so by the vote of the Speaker, defeat the proposition. 12 

U. 

Unfinished business, to have precedence in the orders of the day. 58 






























216 


INDEX TO THE RULES OF THE HOUSE. 


V. 

Rule. 

Viva voce, election to be held by. 34 

Vote, separate, may be taken on each item of internal improvement bill -. - 151 

not to be given by a member who is interested, or without the bar .40,41 

every member present shall vote unless excused. 42 

to be given viva voce in the election of officers.... 14 

Voting, manner of. 4 

who are to be excluded from.40,41 

how members are excused from ..... 42 

members not to visit the Clerk's desk while vote is being taken. 39 

W. 

Warrants, writs, 8fc., to be signed by the Speaker, & c.. 15 

Witnesses, how to be subpoenaed.. 15 

fees of, for attendance and mileage. 141 

Writing, motions to be reduced to, if desired... 44 

words excepted to, to be reduced to... 36 

Y. 

Yeas and nays, one-fifth of the members present may order, (Constitution.) 

to be taken alphabetically. 62 

when calling, no one to go near the table. 39 

















RULES FOR CONDUCTING BUSINESS 


IN THE 


SENATE OF THE UNITED STATES. 




















I 
































































































































































■ < M 




























































RULES FOR CONDUCTING BUSINESS 


IN 

THE SENATE OF THE UNITED STATES. 


1. The President having taken the chair, and a quorum 
being present, the journal of the preceding day shall be read, 
to the end that any mistake may be corrected that shall be 
made in the entries. 

2. No member shall speak to another, or otherwise inter¬ 
rupt the business of the Senate, or read any newspaper, 
while the journals or public papers are reading, or when any 
member is speaking in any debate. 

3. Every member, when he speaks, shall address the 
Chair, standing in his place; and, when he has finished, 
shall sit down. 

4. No member shall speak more than twice in any one 
debate on the same day, without leave of the Senate. 

5. When two members rise at the same time, the President 
shall name the person to speak; but in all cases the member 
who shall first rise and address the Chair shall speak first. 

6. When a member shall be called to order by the Presi¬ 
dent or a Senator, he shall sit down; and every question of 
order shall be decided by the President, without debate, sub¬ 
ject to an appeal to the Senate; and the President may call 
for the sense of the Senate on any question of order. 

7. If the member be called to order by a Senator for words 
spoken, the exceptionable words shall immediately be taken 
down in writing, that the President may be better able to 
judge of the matter. 



220 


RULES OF THE SENATE. 


8. No member shall absent himself from the service of the 
Senate without leave of the Senate first obtained. And in 
case a less number than a quorum of the Senate shall convene, 
they are hereby authorized to send the Sergeant-at-Arms, or 
any other person or persons by them authorized, for any or 
all absent members, as the majority of such members present 
shall agree, at the expense of such absent members, respect¬ 
ively, unless such excuse for non-attendance shall be made as 
the Senate, when a quorum is convened, shall judge sufficient; 
and in that case the expense shall be paid out of the contin¬ 
gent fund. And this rule shall apply as well to the first con¬ 
vention of the Senate, at the legal time of meeting, as to each 
day of the session, after the hour has arrived to which the 
Senate stood adjourned. 

9. No motion shall be debated until the same shall be 
seconded. 

10. When a motion shall be made and seconded, it shall be 
reduced to writing, if desired by the President or any mem¬ 
ber, delivered in at the table, and read, before the same shall 
be debated; and any motion may be withdrawn by the mover 
at any time before a decision, amendment, or ordering of the 
yeas and nays, except a motion to reconsider, which shall 
not be withdrawn without leave of the Senate. 

11. When a question is under debate, no motion shall be 
received but to adjourn, to lie on the table, to postpone indefi¬ 
nitely, to postpone to a day certain, to commit, or to amend; 
which several motions shall have precedence in the order 
they stand arranged, and the motion for adjournment shall 
always be in order, and be decided without debate. 

12. If the question in debate contain several points, any 
member may have the same divided ; but on a motion to 
strike out and insert, it shall not be in order to move for a 
division of the question: but the rejection of a motion to strike 
out and insert one proposition shall not prevent a motion to 
strike out and insert a different proposition; nor prevent a 
subsequent motion simply to strike out; nor shall the rejection 






























' . iff ' - 




’ 











































,; - 4 ? | 
























































RULES OF THE SENATE. 


221 


of a motion simply to strike out prevent a subsequent motion 
to strike out and insert. 

13. In filling up blanks, the largest sum and longest time 
shall be first put. 

14. When the reading of a paper is called for, and the 
same is objected to by any member, it shall be determined 
by a vote of the Senate, and without debate. 

15. The unfinished business in which the Senate was 
engaged at the last preceding adjournment shall have the 
preference in the special orders of the day. 

16. When the yeas and nays shall be called for by one- 
fifth of the members present, each member called upon 
shall, unless for special reason he be excused by the Senate, 
declare openly, and without debate, his assent or dissent to 
the question. In taking the yeas and nays, and upon a 
call of the house, the names of the members shall be taken 
alphabetically. 

17. When the yeas and nays shall be taken upon any 
question, in pursuance of the above rule, no member shall 
be permitted, under any circumstances whatever, to vote 
after the decision is announced from the Chair. 

18. On a motion made and seconded to shut the doors of 
the Senate, on the discussion of any business which may, in 
the opinion of a member, require secrecy, the President shall 
direct the gallery to be cleared ; and during the discussion of 
such motion the doors shall remain shut. 

19. No motion shall be deemed in order to admit any per¬ 
son or persons whatsoever within the doors of the Senate 
chamber to present any petition, memorial, or address, or to 
hear any such read. 

20. When a question has been once made and carried in 
the affirmative or negative, it shall be in order for any mem¬ 
ber of the majority to move for the reconsideration thereof; 
but no motion for the reconsideration of any vote shall be in 
order after a bill, resolution, message, report, amendment, or 
motion upon which the vote was taken shall have gone out 


222 


RULES OF THE SENATE. 


of the possession of the Senate, announcing their decision; 
nor shall any motion for reconsideration be in order, unless 
made on the same day on which the vote was taken, or 
within the two next days of actual session of the Senate 
thereafter. 

21. When the Senate are equally divided, the Secretary 
shall take the decision of the President. 

22. All questions shall be put by the President of the 
Senate, either in the presence or absence of the President of 
the United States; and the Senators shall signify their assent 
or dissent by answering aij or no. 

23. The Vice President, or President of the Senate pro 
tempore , shall have the right to name a member to perform 
the duties of the Chair; but such substitution shall not extend 
beyond an adjournment. 

24. After the journal is read, the President shall first call 
for petitions, and then for reports from standing committees; 
and every petition or memorial or other paper shall be re¬ 
ferred, of course, without putting a question for that purpose, 
unless the reference is objected to by a member at the time 
such petition, memorial, or other paper, is presented. And 
before any petition or memorial, addressed to the Senate, 
shall be received and read at the table, whether the same 
shall be introduced by the President or a member, a brief 
statement of the contents of the petition or memorial shall 
verbally be made by the introducer. 

25. One day’s notice, at least, shall be given of an intended 
motion for leave to bring in a bill; and all bills reported by 
a committee shall, after the first reading, be printed for the 
use of the Senate ; but no other paper or document shall be 
printed for the use of the Senate, without special order. 

26. Every bill shall receive three readings previous to its 
being passed, and the President shall give notice at each, 
whether it be the first, second, or third; which readings shall 
be on three different days, unless the Senate unanimously 
direct otherwise. And all resolutions proposing amendments 





. 






















pt 0 

' ' 

■ 

* 

■ ■ l I > i t »; 







RULES OF THE SENATE. 


223 


to the constitution, or to which the approbation and signature 
of the President may be requisite, or which may grant money 
out of the contingent or any other fund, shall be treated, in 
all respects, in the introduction and form of proceedings on 
them, in the Senate, in a similar manner with bills; and all 
other resolutions shall lie on the table one day for considera¬ 
tion, and also reports of committees. A motion to suspend, 
or to concur in a resolution of the House to suspend, the 16th 
and 17th joint rules, or either of them, shall always be in 
order, be immediately considered, and be decided without 
debate. 

27. No bill shall be committed or amended until it shall 
have been twice read, after which it may be referred to a 
committee. 

28. All bills on a second reading shall first be considered 
by the Senate in the same manner as if the Senate were in 
Committee of the Whole, before they shall be taken up and 
•proceeded on by the Senate agreeably to the standing rules, 
unless otherwise ordered. And when the Senate shall con¬ 
sider a treaty, bill, or resolution, as in Committee of the 
Whole, the Vice President, or President pro tempore , may 
call a member to fill the chair during the time the Senate 

shall remain in Committee of the Whole; and the chairman 

♦ 

so called shall, during such time, have the powers of a Presi¬ 
dent pro tempore. 

29. The final question, upon the second reading of every 
bill, resolution, constitutional amendment, or motion, origin¬ 
ating in the Senate, and requiring three readings previous to 
being passed, shall be, “ Whether it shall be engrossed aud 
read a third time?” and no amendment shall be received for 
discussion at a third reading of any bill, resolution, amend¬ 
ment, or motion, unless by unanimous consent of the mem¬ 
bers present; but it shall at all times be in order, before the 
final passage of any such bill, resolution, constitutional 
amendment, or motion, to move its commitment; and should 
such commitment take place, and any amendment be reported 


224 


RULES OF THE SENATE. 


by the committee, the said bill, resolution, constitutional 
amendment, or motion, shall be again read a second time, 

. and considered as in Committee of the Whole, and then the 
aforesaid question shall be again put. 

30. No amendment, proposing additional appropriations, 
shall be received to any general appropriation bill, unless it 
be made to carry out the provisions of some existing law, or 
some act, or resolution previously passed by the Senate, 
during that session, or moved by direction of a Standing 
Committee of the Senate, or in pursuance of an estimate from 
the Head of some of the Departments; and no amendment 
shall be received, whose object is to provide for a private 
claim, although the same may have been previously sanc¬ 
tioned by the Senate. 

31. The special orders of the day shall not be called by 
the Chair before one o’clock, unless otherwise directed by 
the Senate. 

32. The titles of bills, and such parts thereof only as shall 
be affected by proposed amendments, shall be inserted on 
the journals. 

33. The proceedings of the Senate, when not acting as in 
Committee of the Whole, shall be entered on the journal as 
concisely as possible, care being jaken to detail a true and 
accurate account of the proceedings; but every vote of the 
Senate shall be entered on the journal, and a brief statement 
of the contents of each petition, memorial, or paper, presented 
to the Senate, shall also be inserted on the journal. 

34. The following standing committees, to consist of five 
members each, shall be appointed at the commencement of 
each session, with leave to report by bill or otherwise: 

A Committee on Foreign Relations. 

A Committee on Finance. 

A Committee on Commerce. 

A Committee on Manufactures. 

A Committee on Agriculture. 

A Committee on Military Affairs. 






■ 























.... , 1. .t, • o,l r V ' • ■ 









































































































RULES OF THE SENATE. 


225 


A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Public Lands. 

A Committee on Private Land Claims. 

A Committee on Indian Affairs. 

A Committee of Claims. 

A Committee on Revolutionary Claims. 

A Committee on the Judiciary. 

A Committee on the Post Office and Post Roads. 

A Committee on Roads and Canals. * 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee on Patents and the Patent Office. 

A Committee on Retrenchment, to consist of five members, 
whose duty it shall be to take into consideration the expendi¬ 
tures of the government in the several departments thereof, 
and to inquire whether any, and if any, what retrenchment 
can be made, without injury to the public service; and to 
report thereupon, together with such propositions relative 
thereto as to them shall seem expedient. 

A Committee on Territories, to consist of five members. 

A Committee, of three members, whose duty it shall be to 
audit and control the contingent expenses of the Senate, and 
to whom shall be referred all resolutions directing the pay¬ 
ment of money out of the contingent fund of the Senate or 
creating a charge on the same. 

A Committee on Public Buildings, to consist of three mem¬ 
bers, who shall have power also to act jointly with the same 
committee of the House of Representatives. 

A Committee on Printing, to consist of three members, to 
whom shall be referred every question on the printing of 
documents, reports, or other matter transmitted by either 
of the Executive departments, and all memorials, petitions, 
accompanying documents, together with all other matter, the 
printing of which shall be moved, excepting bills originating 
in Congress, resolutions offered by any Senator, communica- 
15 


226 


RULES OF THE SENATE. 


tions from the legislatures, or conventions lawfully called, of 
the respective States, and motions to print by order of the 
standing committees of the Senate, and excepting also mes¬ 
sages and other communications from the President of the 
United States, and such reports and communications from 
the heads of departments as may be made to Congress or 
to the Senate in obedience to law or in answer to calls from 
the Senate; and it shall be the duty of such Committee 
on Printing to report in every case in one day, or sooner if 
practicable. And 

A Committee, consisting of three members, whose duty it 
shall be to examine all bills, amendments, resolutions, or 
motions, before they go out of possession of the Senate, and 
shall deliver the same to the Secretary of the Senate, who 
shall enter upon the journal that the same have been correctly 
engrossed. 

35. In the appointment of the standing committees, the 
Senate will proceed, by ballot, severally to appoint the chair¬ 
man of each committee, and then, by one ballot, the other 
members necessary to complete the same; and a majority of 
the whole number of votes given shall be necessary to the 
choice of a chairman of a standing committee. All other 
committees shall be appointed by ballot, and a plurality of 
votes shall make a choice. When any subject or matter 
shall have been referred to a committee, any other subject 
or matter of a similar nature may, on motion, be referred to 
such committee. 

36. When motions are made for reference of the same 
subject to a select committee and to a standing committee, 
the question on reference to the standing committee shall be 
first put. 

37. When nominations shall be made in writing by the Presi¬ 
dent of the United States to the Senate, a future day shall be 
assigned, unless the Senate unanimously direct otherwise, for 
taking them into consideration. Nominations neither approved 
nor rejected during the session at which they are made, shall 






RULES OF THE SENATE. 


227 


not be acted upon at any succeeding session without being 
again made by the President. When the President of the 
United States shall meet the Senate in the Senate chamber, 
the President of the Senate shall have a chair on the floor, 
be considered as the head of the Senate, and his chair shall 
be assigned to the President of the United States. When 
the Senate shall be convened by the President of the United 
States to any other place, the President of the Senate and 
Senators shall attend at the place appointed. The Secre¬ 
tary of the Senate shall also attend to take the minutes ol 
the Senate. 

38. Whenever a treaty shall be laid before the Senate for 
ratification, it shall be read a first time for information only ; 
when no motion to reject, ratify, or modify the whole, or any 
part, shall be received. Its second reading shall be for con¬ 
sideration, and on a subsequent day, when it shall be taken 
up as in Committee of the Whole, and every one shall be 
free to move a question on any particular article, in this 
form: “Will the Senate advise and consent to the ratifica¬ 
tion of this article?” or to propose amendments thereto, 
either by inserting or by leaving out words; in which last 
case, the question shall be, “ Shall these words stand as part 
of the article?” And in every of the said cases, the concur¬ 
rence of two-thirds of the Senators present shall be requisite 
to decide affirmatively. And when through the whole, the 
proceedings shall be stated to the house, and questions shall 
be again severally put thereon for confirmation, or new ones 
propose d, requiring, in like manner, a concurrence of two- 
thirds for whatever is retained or inserted. The votes so 
confirmed shall, by the house or a committee thereof, be re¬ 
duced into the form of a ratification, with or without modi¬ 
fications, as may have been decided, and shall be proposed 
on a subsequent day, when every one shall again be free to 
move amendments, either by inserting or leaving out words; 
in which last case, the question shall be, “Shall these words 
stand as part of the resolution?” And in both cases, the 


RULES OF THE SENATE. 


227 


not be acted upon at any succeeding session without being 
again made by the President. When the President of the 
United States shall meet the Senate in the Senate chamber, 
the President of the Senate shall have a chair on the floor, 
be considered as the head of the Senate, and his chair shall 
be assigned to the President of the United States. When 
the Senate shall be convened by the President of the United 
States to any other place, the President of the Senate and 
Senators shall attend at the place appointed. The Secre¬ 
tary of the Senate shall also attend to take the minutes ot 
the Senate. 

38. Whenever a treaty shall be laid before the Senate for 
ratification, it shall be read a first time for information only ; 
when no motion to reject, ratify, or modify the whole, or any 
part, shall be received. Its second reading shall be for con¬ 
sideration, and on a subsequent day, when it shall be taken 
up as in Committee of the Whole, and every one shall be 
free to move a question on any particular article, in this 
form: “Will the Senate advise and consent to the ratifica¬ 
tion of this article?” or to propose amendments thereto, 
either by inserting or by leaving out words; in which last 
case, the question shall be, “Shall these words stand as part 
of the article?” And in every of the said cases, the concur¬ 
rence of two-thirds of the Senators present shall be requisite 
to decide affirmatively. And when through the w T hole, the 
proceedings shall be stated to the house, and questions shall 
be again severally put thereon for confirmation, or new ones 
propose d, requiring, in like manner, a concurrence of two- 
thirds for whatever is retained or inserted. The votes so 
confirmed shall, by the house or a committee thereof, be re¬ 
duced into the form of a ratification, with or without modi¬ 
fications, as may have been decided, and shall be proposed 
on a subsequent day, when every one shall again be free to 
move amendments, either by inserting or leaving out words; 
in which last case, the question shall be, “Shall these words 
stand as part of the resolution?” And in both cases, the 


228 


RULES OF THE SENATE. 


concurrence of two-thirds shall be requisite to carry the 
affirmative, as well as on the final question to advise and 
consent to the ratification in the form agreed to. 

39. All confidential communications, made by the Presi¬ 
dent of the United States to the Senate, shall be by the mem¬ 
bers thereof kept secret; and all treaties which may be laid 
before the Senate shall also be kept secret, until the Senate 
shall, by their resolution, take off the injunction of secrecy. 

40. All information or remarks, touching or concerning the 
character or qualifications of any person nominated by the 
President to office, shall be kept secret. 

41. When acting on confidential or executive business, the 
Senate shall be cleared of all persons, except the Secretary, 
the principal or the executive clerk, the sergeant-at-arms, and 
doorkeeper, and the assistant doorkeeper. 

42. The legislative proceedings, the executive proceedings, 
and the confidential legislative proceedings of the Senate, 
shall be kept in separate and distinct books. 

43. The President of the United States shall, from time to 
time, be furnished with an authenticated transcript of the 
executive records of the Senate; and all nominations ap¬ 
proved, or definitely acted on by the Senate, shall be returned 
by the Secretary, from day to day, as such proceedings may 
occur ; but no further extract from the executive journal shall 
be furnished, except by special order ; and no paper, except 
original treaties transmitted to the Senate by the President of 
the United States, or any executive officer, shall be returned 
or delivered from the office of the Secretary, without an order 
of the Senate for that purpose. 

44. When an amendment to be proposed to the Constitu¬ 
tion is under consideration, the concurrence of two-thirds of 
the members present shall not be requisite to decide any 
question for amendments, or extending to the merits, being- 
short of the final question. 

45. When any question may have been decided by the 
Senate, in which two-thirds of the members present are 





RULES OF THE SENATE. 


229 


necessary to carry the affirmative, any member who votes on 
that side which prevailed in the question may be at liberty to 
move for a reconsideration; and a motion for reconsideration 
shall be decided by a majority of votes. 

46. Messages shall be sent to the House of Representatives 
by the Secretary, who shall previously endorse the final 
determination of the Senate thereon. 

47. Messengers are introduced in any state of business, 
except while a question is putting, while the yeas and nays 
are calling, or while the ballots are counting. 

4S. The following persons, and none others, shall be ad¬ 
mitted on the floor of the Senate : 

Members of the House of Representatives and their Clerk; 
the Secretary of State, the Secretary of the Treasury, the 
Secretary of the Interior, the Secretary of War, the Secretary 
of the Navy, the Attorney General, and the Postmaster 
General; the Private Secretary of the President, Chaplains 
to Congress, Superintendent of the Public Printing, Deputy 
Postmaster of the city of Washington and the Marshal of the 
United States for the District of Columbia, Judges of the 
United States, Clerk of the Supreme Court, Foreign Minis¬ 
ters and their Secretaries, Ministers of the United States to 
foreign Governments and their Secretaries, and persons who 
have been such Ministers or Secretaries; the Superintendent 
of the Coast Survey, the Mayor of Washington, the Heads 
of Bureaus, the Secretary and members of the Board of 
Regents of the Smithsonian Institution, the District Attorney 
of the United States for the District of Columbia; officers 
who by name have received, or shall hereafter receive, the 
thanks of Congress for their gallantry and good conduct in 
the service of their country, or who have received medals by 
a vote of Congress; the Governor, fir the time being, of any 
State or Territory of the Union; the ex-Governors of the 
several States; Judges of the courts of record of the several 
States, and persons who have been Chancellors or Judges of 
the highest courts of law or equity ol the several States; the 


230 


RULES OF THE SENATE. 


ex officers of the Senate; such gentlemen as have been 
Heads of Departments, Secretaries, Clerks, Sergeant-at-arms, 
or members of either branch of Congress ; persons who, for 
the time being, belong to the respective State and Territorial 
legislatures; and persons belonging to such legislatures of 
foreign governments as are in amity with the United States. 

No person, except members and officers of the Senate, and 
members of the House of Representatives, shall be admitted 
at either of the side doors of the Senate chamber; and all 
persons claiming admission on the floor of the Senate, except¬ 
ing members and the Clerk and Sergeant-at-arms of the 
House of Representatives, for the time being; the Heads of 
the several Departments, the Private Secretary of the Presi¬ 
dent, the Chaplains to Congress, Judges of the United States, 
and of the several States; Foreign Ministers and their Secre¬ 
taries, Ministers and ex-Ministers of the United States, their 
Secretaries and ex-Secretaries, and the Clerk of the Supreme 
Court; and officers who byname shall have received the 
thanks of Congress, or medals by a vote of Congress ; the 
Superintendent of the Coast Survey, the Mayor of Washing¬ 
ton, Heads of Bureaus, the Secretary' and members of the 
Board of Regents of the Smithsonian Institution, the District 
Attorney of the United States for the District of Columbia, 
and persons who have been Chancellors or Judges of the 
highest courts of law or equity of the several States, shall 
(each time before being admitted upon the floor) enter their 
names , together with the official position in right of which they 
claim admission, in a book , to be provided and kept at the 
main entrance to the Senate chamber. And no person, ex¬ 
cept members of the Senate, shall be allowed within the bar 
of the Senate, or to occupy the seat of any Senator. 

49. The presiding officer of the Senate shall have the 
regulation of such parts of the Capitol and of its passages, as 
are or may be set apart for the use of the Senate and its 
officers. 

50. Whenever a claim is presented to the Senate and 




RULES OF THE SENATE. 


231 


referred to a committee, and the committee report that the 
claim ought not to be allowed, and the report be adopted by 
the Senate, it shall not be in order to move to take the papers 
from the files for the purpose of referring them at a subse¬ 
quent session, unless the claimants shall present a memorial 
for that purpose, stating in what manner the committee have 
erred in their report, or that new evidence has been discov¬ 
ered since the report, and setting forth the new evidence in 
the memorial: Provided, That this rule shall not extend to 
any case where an adverse report, not in writing, shall have 
been made prior to the 25th of January, 1842. 

51. Any officer or member of the Senate, convicted of dis¬ 
closing for publication any written or printed matter directed 
by the Senate to be held in confidence, shall be liable, if an 
officer, to dismissal from the service of the Senate, and, in 
the case of a member, to suffer expulsion from the body. 























































! 






































































J . 























































































INDEX 


TO 

THE RULES OF THE SENATE OF THE UNITED STATES. 


No. 


Absence from the Senate not allowed without leave. 8 

without leave, provision for cases of... 8 

Address to the President of the United States, how presented, (joint rule). 11 

Adherence , effect of a vote of, to a disagreement, (joint rule). 15 

Adjournment, motion for, has preference... 11 

motion for, to be decided wuthout debate. 11 

Admission on the floor, persons entitled to. 48 

4 motion for, of persons to present or hear read any 

petition, memorial, or address, not in order. 19 

Amendments to appropriation bills, restrictions upon.. 30 

to a bill, not to be received at the third reading. 29 

proposed, not to be withdrawn after yeas and nays ordered... 10 

to a resolution to amend the constitution carried by a majority 

of votes only. 44 

to bills, conference upon, when the two houses disagree, (joint 

rule). ] 

Appeal from a decision of the President. 6 

Appropriation bills, amendments to, providing for private claims, not admis¬ 
sible. 30 

restrictions on making amendments to. 30 

B. 

Ballot, committees, standing, to be appointed by. 35 

Bills may be brought in on not less than one day’s notice of intention. 25 

reported shall be printed after the first reading. 25 

shall be read twice before amendment or reference. 27 

shall be read three times on three different days. 26 

on a s'econd reading to be considered as in Committee of the Whole. 28 

the proceedings upon, at different stages. 29 

final question on all. 29 

appropriation, certain amendments to, not in order. 30 

























234 


INDEX TO THE RULES OF THE SENATE. 


No. 

Bills, titles of, only, and the parts affected by amendment, to be inserted on 

the journal. 32 

engrossed, committee for their examination. 34 

on their passage to be on paper, (joint rule)... 5 

passed by both houses to be enrolled, (joint rule). 6 

enrolled shall be examined by a committee, (joint rule). 7 

enrolled shall be signed by the presiding officers of the two houses, 

(joint rule). 8 

passed by one house and lost in the other, notice to be given, (joint 

rule). 12 

passed by one house, rejected by the other, shall not be renewed the 

■ 

same session without ten day’s notice, and leave of two-thirds. 13 

when sent from one house to the other, to be accompanied by the 

papers on which founded, (joint rule). 14 

passed one house not to be sent to the other for concurrence on the 

three last days of a session, (joint rule). 16 

not to be presented to the President the last day of session (joint 

rule). 17 

passed by one house and printed by the other, the number to be 

printed, (joint rule). 18 

enrolled and signed by the presiding officers to be presented to the 

President of the United States for approval (joint rule). 9 

resolutions, or reports remaining undetermined at the close of a ses¬ 
sion prior to the last of a Congress, to be resumed six days after 
the commencement of the succeeding session, in statu quo, (joint 

rule). 21 

Blanks, in filling, the preferred motion.*. 13 

Business, unfinished, position on special orders. 15 

before the Senate, order of.. 24 

certain undetermined, at'the close of a first session of Congress, 
to be resumed six days after the commencement of the next, 

(joint rule). 21 

C. 

Call to order, proceedings upon. 6,7 

Capitol, spirituous liquors not to be brought within or about, (joint rule). 19 
parts of, appropriated to the Senate, to be under the regulation 

of their President. 49 

Chair, members speaking shall address the. 3 

Chairman, powers of, when Senate act as in Committee of the Whole. 28 

Character, (of persons nominated,) remarks concerning, not to be divulged. 49 

Claim, private, not to be provided for in appropriation bills. 30 

Claims, the effect of decisions upon. 50 

Commit, motion to, has precedence of motion to amend. 11 


























INDEX TO THE RULES OF THE SENATE. 235 

No. 

Commit, motion to, in order until final passage of bill, resolutions, &c. 29 

Commitment and amendment , proceedings consequent upon. 29 

Committee, Joint, on Enrolled Bills, the appointment and duties of, (joint 

rule). 7 

on Printing, what subject shall be referred to... 34 

Joint, on the Library, (joint rule). 20 

Committees, standing. 34 

standing, chairman of, to be appointed by a majority of votes.. 35 

how appointed. 35 

members of, (not the chairmen,) to be chosen by a plurality.. 35 

reports from standing, when received. 24 

reports of, to lie one day before consideration. 26 

Committee of the Whole, bills, after second reading, to be considered by the 

Senate as in. 28 

the Vice President, or President pro tempore, may 
call a member to fill the chair when the Senate 

are acting as in. 28 

Communications, confidential, from the President of the United States, to 

be kept secret. 39 

Conference on disagreeing votes, joint rule respecting. 1 

Confidence, violations of, how to be punished. 51 

Confidential proceedings, to be kept in a separate book. 42 

Consent, bills may be read three times in one day by unanimous. 26 

nominations may be considered on the day received by unanimous 37 

Constitution of the United States, votes on amendment, short of final. 44 

of the United States, proposed amendments to, to be treated 

as bills. 26 

Conversation, among members, not allowed during debate, or while the 

journals and papers are reading. 2 

D. 

Debate, no member to speak more than twice in the same, on the same day, 

without leave.>-. 4 

not allowed, on a call to order. 6 

what motions receivable during. 11 

prohibited on a motion to adjourn. 11 

prohibited on the question whether a paper called for and objected 

to shall be read. 14 

prohibited while yeas and nays are calling. 16 

prohibited on a motion to suspend certain rules, or to consider a 

resolution of the House to suspend the same. 26 

Division of a question, w r hen may be called for. 12 

Documents to be printed only by order. 25 

Doors of Senate, motion to shut, to be discussed with closed doors. 18 































236 


INDEX TO THE RULES OF THE SENATE. 


E. 

No. 

Enrolled bills to be examined by the committee, (joint rule). 7 

provision for the appointment of committee on, (joint rule).-. 7 

to be signed by the presiding officers of the two houses. 8 

how to be presented to the President of the United States, 

and the time to be noted, (joint rule). 9 

not to be presented to the President the last day of session, 

(joint rule). 17 

Executive record, extracts from, prohibited. 43 

Executive proceedings to be kept in a separate book. 42 

Expulsion, a case for. 51 

F. 

Floor of the Senate, the persons entitled to admission on the. 48 

G. 

Galleries, when they shall be cleared... 18 

I. 

Information, or remarks, concerning the character or qualifications of per¬ 
sons nominated to be kept secret. 40 

Intoxicating liquors , not to be offered for sale or exhibited within the Capitol 

or adjacent public grounds. 19 

J. 

Joint rides .16,17 

Journal, to contain proceedings of Senate when not acting as in Committee 

of the Whole. 33 

to be read for correction after a quorum shall have assembled- 1 

to contain the titles only of bills, and the parts affected by pro- 

. posed amendments... 32 

every vote of the Senate to be entered on. 33 

to be as concise as possible. 33 

a brief statement of every memorial, petition, and paper, to be 
entered on. 33 

L. 

Leave to bring in a bill, one day’s previous notice of intention to ask for, 

required. 25 

may be given to withdraw. 10 

no member to speak more than once in one debate without. 4 

Leave of absence from the service of the Senate to be asked. 8 

Library, Joint Committee on, (joint rule). 20 
























INDEX TO THE RULES OF THE SENATE. 


237 


No. 

Lie on the table, motion to, has preference next after motion to adjourn ... 11 

Liquors, intoxicating, their sale or exhibition prohibited in the Capitol or 

the adjacent public grounds, (joint rule). 19 

M. 

Members prohibited from speaking to each other during debate. 2 

present, empowered to send for absent members. 8 

Member, when he speaks, shall address the Chair. 3 

whilst speaking, shall stand in his place. 3 

after speaking, shall sit down. 3 

to speak no more than twice the same day, in one debate, without 

leave of the Senate. 4 

first rising and addressing the Chair, shall speak first. 5 

called to order by the President or a Senator, shall sit down. 6 

words of, shall be taken down, when a call to order has been made 

by a Senator. 7 

shall not absent himself from the service of the Senate without 

leave. 8 

absent, proceedings to enforce attendance. 8 

sent for, shall be subject to the expense, unless excused. 8 

may desire a motion to be reduced to writing. 10 

may have a question divided, if susceptible of division. 12 

required to vote when yeas and nays are called. 16 

not allowed to vote after decision by yeas and nays is announced. 17 

liable to expulsion for violation of confidence. 51 

Memorial or petition, contents of, shall be stated before received and read. 24 

when received. 24 

how referred. 24 

contents of, to be entered on the journal. 33 

Messages between the two houses, how to be announced and delivered, 

(joint rules). 2, 3 

by whom to be sent, (joint rule). 4 

Messengers, when not to be introduced. 47 

Mistakes in the journal to be corrected at the specified time. 1 

Motion not to be debated until seconded. 9 

made and seconded, shall, if desired, be reduced to writing, and read 

before debated. 10 

any, except a motion to reconsider, may be withdrawn before a 

decision, amendment, or ordering of yeas and nays. 10 

to reconsider, may be withdrawn by leave of the Senate. 10 

to adjourn, has preference. H 

to adjourn, to be decided without debate. 11 

privileged, what shall be, when a subject is under debate. 11 

privileged, in filling blanks. 13 


































238 


INDEX TO THE RULES OF THE SENATE. 


No. 

Motion, privileged, in reference to select or standing committees. 30 

to strike out and insert, indivisible. 12 

to strike out or to insert, may be made separately. 12 

to close the galleries, to be discussed confidentially. IB 

to admit persons for the purpose of presenting a memorial, not in 

order. 19 

to reconsider, not in order after the subject matter has gone out of 

the possession of the Senate. 20 

to reconsider, not in order unless made within the two next days of 

actual session after the decision. 20 

to reconsider, to be made by one of the prevailing side, and decided 

by a majority of votes. 45 

Motions, order of precedence among.-. 11 

N. 

Newspapers not to be read while a member is speaking, nor during the 

reading of the journal or public papers. 2 

Nominations, proceedings on. 37 

not to be considered on the day received, unless by consent.. 37 

not finally acted on during the session to fall. 37 

Notice of one day required of an intended motion for leave to bring in a bill 25 
of ten days required for renewal during the same session of bill or 
resolution passed by one house and rejected by the other, (joint 
rule). 13 

O. 

Officers of the Senate, liable to dismissal for the violation of confidence. 51 

Order, interruptions of...'.. 2 

Order of business . 24 

Order, questions of, to be decided by the President without debate. 6 

after a decision by the President, subject to an appeal. 6 

President may take the sense of the Senate on. 6 

Order, upon a call to, for words spoken, the exceptionable words shall be 

taken down. 7 

Orders, resolutions, and votes which shall be presented to the President, to 

receive the same formalities as bills, (joint 

rule). 10 

Orders of the day, special, not to be called before one o’clock.. 31 

unfinished business has preference in. 15 

P. 

Papers and documents, (except reported bills,) to be printed only by order. 25 

Persons not admitted to present address or memorial, &c. 19 

Petition, contents to be stated when presented, and before reception. 24 


























INDEX TO THE RULES OF THE SENATE. 


239 


No. 

Petition , when received. 24 

how referred. 24 

contents of, to be entered on the journal. 33 

Plurality of votes only requisite in the appointment of members Of a com¬ 
mittee . 36 

Postpone indefinitely, motion to, has precedence of a motion to postpone to 

a day certain. 11 

Precedence among motions. 11 

President of the Senate to be addressed by a member rising to speak. 16 

to decide when two or more rise at the same time 

to speak. 5 

to decide questions of order. 6 

may call for the sense of the Senate on a question of 

order. 6 

may desire a motion to be reduced to writing. 10 

shall direct the gallery to be cleared on a motion to 

shut the doors. 18 

to decide the question on an equal division of the 

Senate. 21 

decision of, to be taken by the Secretary. 21 

shall put all questions. 22 

or President pro tempore, may name a member to 

perform temporarily the duties of the Chair. 23 

or President pro tempore, may appoint a chairman to 
preside while the Senate are acting as in Commit¬ 
tee of the Whole. 28 

to give notice of the several readings of bills. 26 

to have the regulation of the parts of the Capitol 
appropriated to the Senate and their officers.... 49 
President of the United States, the presentation to, of bills and resolutions, 

(joint rule). 9 

forms to be observed when he meets the 

Senate. 37 

manner of presenting joint addresses to. 11 

to be assigned the President’s chair when 
attending the deliberations of the Senate.. 37 

shall be furnished with transcript of execu¬ 
tive record. 43 

all nominations, when acted on, shall be re¬ 
turned to. 43 

Printing of bills, joint rule relating to. 18 

duties of Committee on.-... 34 

Private claim , amendment providing for, not in order in a general appropria¬ 
tion bill.-. 30 




























240 


INDEX TO THE RULES OF THE SENATE. 


No. 

Privilege of admission to the floor, the persons entitled to the. 48 

Privileged motions, when a question is under debate. 11 

on a question of reference. 36 

i 

Q- 

Question under debate, when and by w T hat motions superseded. 11 

equivalent, what shall not be. 12 

under debate may be divided.. 12 

to be decided aye or no. 22 

to be put by the President of the Senate. 22 

on amending the Constitution, short of main question, to be deter¬ 
mined by the majority. 44 

Quorum being present, the journal shall be read. 1 

proceedings when a less number shall have assembled than a.... 8 

R. 

Ratification of treaties, proceedings in. 38 

Reading newspapers prohibited while the journals or public papers are read¬ 
ing or a member speaking. 2 

of a paper called for and objected to, to be decided by the Senate 

without debate. 14 

Reconsideration, motion for, may be made by one of the majority. 20 

motion for, must be made within two days after vote. 20 

motion for, must be made before the subject matter is out 

of possession of the Senate. 20 

motion for, to be decided by a majority of votes, although 
the question reconsidered was one requiring for its pas¬ 
sage the affirmative vote of two-thirds. 45 

Record, executive, extracts from, prohibited. 42 

Reference of petitions, how made. 24 

Reports of standing committees, how received. 24 

of committees to lie one day for consideration. 26 

* 

in writing, adverse to a claim, to preclude its renewal. 50 

not finally acted on, to be resumed at a succeeding session of the 

same Congress, (joint rule). 21 

Resolutions requiring the approbation of the President, or proposing amend¬ 
ments to the Constitution, or granting money, to be treated 

as bills. 26 

all others to lie one day for consideration. 26 

on third reading to be amended only by consent. 29 

reports or bills remaining undetermined at a session preceding 
the last of a Congress to be resumed at the next, in statu 
quo, (joint rule). 21 





























INDEX TO THE RULES OF THE SENATE. 


241 


No. 


Resolutions engrossed, recommitted, and reported, to be again read a second 

time. 29 

final question on. 29 

orders, votes, &c., requiring the President’s approbation, shall 
be signed and presented, as in case of bills—see Bills, (joint 

rule). 10 

passed by one house, and lost in another, notice to be given, 

(joint rule). 12 

not to be presented to the President of the United States the 

last day of a session. 17 

resumption of, at a succeeding session, (joint rule). 21 

Retrenchment, Committee on, duty of. 34 

S. 

Second reading, bills on, to be considered as in Committee of the Whole, 

unless otherwise ordered. 28 

what shall be the final question upon. 28 

Secrecy enjoined on confidential communications by the President. 39 

enjoined on information or remarks concerning the persons nomi¬ 
nated. 40 

enjoined on treaties. 39 

Secretary to endorse the bills passed, &c. 46 

to take the decision of the President when the Senate are equally 

divided. 21 

to receive engrossed bills from the committee after examination.. 34 

to furnish the President with transcripts of executive journal_ 43 

to attend and take minutes when the Senate shall be convened by 

the President to any other place than their chamber. 37 

to make returns, from day to day, on nominations. 43 

to return or deliver no paper, except original treaties, without an 

order of the Senate. 43 

to furnish no extract from executive journal without special order 43 

to send messages to the House of Representatives. 46 

Senate, proceedings of, when a number less than a quorum shall have as¬ 
sembled. 8 

sense of, may be demanded by the President on a question of order. 6 

proceedings of, to be entered concisely on the journal. 33 

ceremonial proceedings of, when met by the President of the United 

States at any other place than the Senate chamber. 37 

' 37 

38 

relating to the executive proceedings of. 39 

40 
, 41 


16 


























242 INDEX TO THE RULES OF THE SENATE. 

No. 

Senate , the persons admitted when engaged in executive and confidential 

business. 41 

the executive proceedings of, to be recorded in a separate book.. 42 

the legislative proceedings of, to be recorded in a separate book.... 42 
the confidential and legislative proceedings of, to be recorded in a 

separate book. 42 

votes of, to be entered on the journal. 34 

transcript from executive record of, in what cases furnished. 53 

contents of memorials and petitions presented to, to be entered on 

the journal. 33 

shall be cleared of all persons except their officers, w r hen acting on 

executive business.... 41 

messages to and from, (joint rules). 2, 3 

Senator liable to expulsion for a violation of confidence. 51 

Senators to be called alphabetically. 16 

shall signify assent or dissent by answering aye or no. 22 

Sergeant-at-arms may be sent for absent members. 8 

Sixteenth and seventeenth joint rules , motion to suspend, or to concur in a 

resolution of the House to suspend, 

always in order. 26 

such motion to be immediately consid¬ 
ered and decided without debate... 26 

Speaking among the members during debate or the reading of the journal or 

papers prohibited. 2 

more than twice in one day, on the same subject, without leave, 

prohibited. 4 

Special orders, not to be called before one o’clock. 31 

Strike out, rejection of motion to, does not prevent subsequent motion to 

strike out and insert. 12 

Strike out and insert , motion to, not divisible. 12 

effect of rejection of one motion to. 12 

rejection of motion to, does not prevent subsequent 

motion simply to strike out. 12 

Substitute in the chair, duration of his appointment. 23 

Sum, largest, to be first put in filling blanks. 13 

T. 

Time, longest, first put in filling blanks. 13 

Titles of bills, and parts affected by amendments, to be inserted on the 

journal. 32 

Treaties, proceedings on. 38 

amendments to, to receive the vote of two-thirds. 38 

to be kept secret until injunction shall be removed. 39 




























INDEX TO THE RULES OF THE SENATE. 


243 


No. 

Two-thirds, vote of, when required. 33 

joint rule. 13 

U. 

Unfinished business has preference in special orders.. 15 

at the close of a first session of Congress, to be resumed 
at the second or subsequent, (joint rule). 21 

V. 

Vice President , or President pro tempore , may appoint a chairman. 23 

Vote, every, to be entered on the journal. 33 

after a, by yeas and nays, and the announcement of decision, no one 
allowed to vote. 17 

W. 

IVords, exceptionable, shall be taken down on a call to order by a senator. 7 

Y. 

Yeas and nays, one-fifth of the Senators present may demand...;. 16 

to be called alphabetically. 16 

each member called upon required to vote, unless excused. 16 
debate to terminate after the call has been commenced.... 16 
after being called, and the result has been announced, no 

member allowed to vote. 17 

the ordering of, on a motion, precludes the mover from 
withdrawing such motion without the consent of the 
Senate. 10 

% 


I 













Thirty-fourth Congress. 


\. 


NAMES. 


NAY. YEA 




A. 

William Aiken.s. C. 

Charles J. Albright.Ohio. 

James C. Allen.jll 

John Allison.p a< 

B. 

Edward Ball.Ohio. 

Nathaniel P. Banks, jr.Mass. 

Lucian Barbour.Ind. 

David Barclay.Pa. 

William Barksdale.MissA/ 

Thomas II. Bayly.Va.^c 

P. H. Bell.Texas. 

Henry Bennett.NT. Ya 

Bennett.Miss. 

Samuel P. Benson.Me. 

Ch arles Billinghurst.Wis. 

John A. Bingham.Ohio. 

James Bishop.N. J. 

Philemon Bliss.Ohio. 

Thomas S. Bocock.Ya. 

Thomas F. Bowie.Md. / 

William W. Boyce.S. C. 

Samuel C. Bradshaw.Pa. 

L. 0. B. Branch.N. C. 

Samuel Brenton.Ind. 

Preston S. Brooks,..S. C. 

Jacob Broom...Pa. 

James Buffington.Mass. 

Anson Burlingame.. .Mass. 


7 


TTT'TTTy V. Burnett. .... . 

c. 

John Cadwalader ..........Pa. 

James II. Campbell.Pa. 

John P. Campbell.Ivy. 

Lewis D. Campbell-- —Ohio. 

John S. Carlisle..Ya. 

Samuel Carutliers.Mo. 

John S. Caskie.Ya. 

C. C. Chaffee.Mass. 

Thomas Childs, jr ........N. Y. 

Bayard Clark.N. Y. 

Ezra Clark, jr.Conn. 

Isaiah T. Clawson.N. J. 

Thomas L. Clingman.N. C. 

Howell Cobb.. .. Ga, 

Williamson E. W. Cobb.... .Ala. 

Schuyler Colfax....Ind. 

Linus B. Comins ...Mass. 

John Covode.Pa. 

Leander M. Cox.Ky. 

Aaron If. C'rrtgin .N. II. 

Burton Craige.N. C. 

Martin J. Crawford.Ga. 

Elisha D. Cullen.Del. 

William Cuinback.... .Ind, 

D. 

Williams. Damrell.Mass. 

Thomas G. Davidson.La. 

Henry Winter Davis.Md. 

Timothy Davis.Mass. 

Timothy C. Day.Ohio. 

Sidney Dean. Comi . 

James W. Dcnncr.Cal. 

Alexander De Witt.Mass. 

J ohn Dick 
Samuel Dickson 


4 


tL 


NAMES. 


Edward Dodd.N. Y. 

James F. Dowdell.Ala. 

George G. Dunn.Ind. 

Nathaniel B. Durfee.R. I. 

E. 

John R. Edic.Pa. 

Henry A. Edmundson.Ya. 

Francis S. Edwards.N. Y. 

John M. Elliott.Ivy. 

Jonas R. Emrie.Ohio. 

William II. English.Ind. 

Emerson Etheridge.Tenn. 

George Eustis, jr.La. 

F. 

Charles J. Faulkner.Ya. 

Thomas T. Flagler.N. Y. 

Thomas B. Florence.Ta. 

Nathaniel G. Foster.Ga. 

Henry M. Fuller.Pa. 

Thomas J. D. Fuller.Me. 

G. 

Samuel Galloway.Ohio. 

Joshua R. Giddings .Ohio. 

William A. Gilbert.N. Y. 

William 0. Goode.Ya. 

Amos P. Granger.N. Y. 

Alfred B. Greenwood.Ark. 

Galuslia A. Grow.Pa. 

H. 

Agustus Hall.Iowa. 

Kobert B. Hall. .Mass. 


if- 


NAY. 


/ 




Aaron Harlan.Ohio. 

James M. Harris.Md. 

Sampson W. Harris.Ala. 

Thomas L. Harris.Ill 

John Scott Harrison.Ohio. -U 

Solomon G. Haven.N. Yy 

Philip T. Herbert. ..Cal. 

John Hickman.....Penn. 

Henry YV. Hoffman ....Md. 

David P. Holloway.Ind. 

Thomas R. Horton.N. Y. 

Y. B. Horton..Ohio. 

George S. Houston.Ala. 

William A. Howard.Mich. 

Jonas A. Ilughston-N. Y. 

J. 

Joshua II. Jewett.Ky. 

George W. Jonc3.Tenn. 

J. Glancy Jones.J* 8 - 

K. 

Lawiance hi. Keitt.S. 0. 

John Kelly.N. Y. 

William II. Kelsey.N. Y. 

Luther M. Kcnr.ctt.Mo. 1 

> J 

Zedoziah Kidwell.A a. 

Rufus II. King..N. Y r . 


Chauncey L. Knapp .. 

_Mass. 

Jonathan Knight. 

.Pa. 

Ebenezer Knowlton... 

.Me-,/ 


.111. 

John C. Kunkel.. ..... 

.ra. 

L. 


Willliam A. Lake- 

... .Miss. 

Benjamin F. Leiter... 

... .Ohio. 



James J. Lindley. 

.Mo. 

John II. Lumpkin- 

. .Ga. 


YEA. 





- i 


First Session. 


names. 


NAY. 


M. 

Daniel |lace .. j 

Alexander Iv. Marshall. ICy. 

1 Iumpli ey Marshall . Ky, . 

Samuels. Marshall.Ill. 

Orsamu, B. Ylatteson.N. Y r . 

Augustus E. Maxwell.Fla. 

Andrew Z. McCarty.N. Y. 

Fayette McMullen.Y r a. 

John MiQueen.S. C. 

James Meaeham.Y r t 

John G Miller.Mo. 

Killian Miller.N. Y r . 

Smith Miller.Ind. 

John S. Millson. Ya.p^ 

Willlnrri Millward.Pa. 

Oscar F. Moore.Ohio. 

Edwin B. Morgan.N. Yb 

Justin S Morril.Vt. 

Richard Mott.Ohio. 

Ambrose S. Murray.N. Y. 

Matthias II. Nichols.Ohio. 

Jesse 0. Norton. Ill. 


YEA. 


O. 


Andrew Oliver.N. Y. 

Mordeeai Oliver..Ylo. 

James 1 Onv . S. C. 


P. 


i. 


/ 


Robert T. Paine.N. C. 

Asa Packer.Pa 

John M. Parker.N. Y. 

John J. Pearce .Pa. 

George YY. Peck..Mich. 

Guy R. Pelton.N. Y. 

Alexander C. M.Pennington.N.J. X ^ 

John J. Perry.Me. 

John U. Petit.Ind. 

John S. Phelps.Mo. 

James Pike. .N. II. 

Gilchrist Porter.Ylo. 

Paulus Powell.Y r a. 

Benjamin Pringle.N. Y. 

Richard C. ruryear.N. C. 

Samuel, A. I’urvianee.Pa. 






Q. 


John A. Quitman. Yliss..-F 

R. 

Edwin G. Reade.A. C. 

Charles Ready.Tenn. 

James R. lticaud.Aid. 

William A. Richardson.111. 

David Ritchie.Pa. 

Thomas Rivers.Tenn. 

George R. Robbins . N. J, 

Anthony E. Roberts.la 

David F. Robison.P ft - 

Thomas Ruffin. .N. C 

Albert Rust . . Arli ' 

s. 

Alvah Sabin. 

Russell Sage . 

John M. Sandidge. Lfl ‘ 

William D, Sapp. 0,l!o - 

John II- Savage . 


.Vt, 


+ 




.Tenn. 


NAMES. 

NAY. 

Harvey D. Scott. 



James L. Seward. 



John Sherman. 



Eli S. Shorter . 

..Ala. i 


George A. Simmons. 

.N. Y.l 

N 

Samuel A. Smith. 



YVilliam Smith. 

.. .Ya. 


YVilliam R. Smith. 

..Ala. 


YVilliam II. Sneed. 

.Tenn. 


Francis E. Spinner. 

•N.Y. 


Bcn’amin Stanton. 



Alexander II. Stephens.. 

...Ga. 


James A. Stewart. 

... Yld. 


James S. T. Stranahan... 

.N. Y. 


Samuel F. Swope. 

.. Ky. 


1 . 

Albert G. Talbot. 

• • -Ky. 


M. YY. Tappan. 

.N. II. 


Mvles Taylor. 

...La. 


James Thorington....... 

.Iowa. 


Benjamin B. Thurston... 

..R. I. 


Lemuel Todd. 



Mark Trafton. 

.Ylass. 


Robert P. Trippe. 



Job R. Tyson. 



u. 



William L. Underwood.. 

.. .Ivy. 


y. 



Geoi-fre Vail . . _ 

. .N. -T. 


William W. Valk. 

. .N. Y. 


w. 



Edward Wade. 



Abraham Wakeman.... 

.N. Y. 


David S. Walbridgc. 



Henry Waldron. 

.Mich. 


Percy Walker. 

.. .Ala. 


Matthew YYard. 

.Texas. 


Hiram Warner. 

. , .Ga. 


Christopher C. Washburne. .YY is. 


Ellihu B. YVasliburne.... 

... .in. 


Israel Washburn, jr.... 

.. .YIe. 


Albert G. YVatkins. 



Cooper K. Watson. 

. .Ohio. 


Daniel Wells, jr. 

.. .Wis. 


YVilliam YV. Welsh. 



John YVheeler. 

. ,N. Y. 


Thomas R. YYhitnev.... 

...N. Y 


John YVilliams. 

...N. Y. 


YVarren YVinslow. 

...N. C. 

7~ 

John M. YY T ood. 

... .YIe, 

P 

John YVoodruff. 



James II. YVoodworth. 

.Ill 


Daniel B, Wright. 

... .Yliss 


John Y r . Wright. 

.. .Tent 

, 

z 



Felix lv. Zollieoffor .. 


1. 

DELEGATES. 


Henry YI. Rice.. 

.. .Min. 

r. 

Joseph Lane. 

Oregon 

r. 

J se YInnuel Gallegos. 

..N. YI.' 

r. 

John YI. Burnhiscl... 

. .Utah 

r. 

J. Rntton Anderson... 

. YVash. 

TV 

A. 

J. YV. Whitfield. 

.Kansas 

T. 


.. .Neb. 

T. 


















































































































































































































































































































































































































































